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BHP Refused Permission to Appeal UK Judgment over 2015 Brazil Dam Collapse
The ruling leaves BHP facing a case that could be worth billions of pounds, while about 240,000 claimants have already been compensated in Brazil.
London's Court of Appeal refused Australia-headquartered BHP's bid to challenge a ruling holding the mining giant liable for the 2015 Fundao dam collapse in Brazil, effectively barring further appeals on liability.
The 2015 collapse in Minas Gerais state killed 19 people and sent over 40 million cubic metres of toxic waste into the Doce River, prompting the High Court to find the risk 'foreseeable' under Brazilian law.
Lawyers at Pogust Goodhead called the decision "a further victory" for victims, while Lord Justice Fraser stated there was "ample evidence" to justify the High Court's findings regarding BHP's liability.
An approximately 32 billion dollar agreement in Brazil has achieved compensation for more than 625,000 people, with about 240,000 claimants already receiving payouts, meaning their claims will be discontinued.
A further High Court trial is expected in 2027 to decide on the quantum of damages, as lawyers continue seeking compensation for thousands of Brazilians affected by the disaster.
In November, the High Court in London ruled that the company was legally responsible for the collapse of the dam, which was controlled by Samarco, a joint venture between the Australian company and Vale.