UK court rejects BHP Supreme Court appeal in Mariana case

Nithi Dam — The Fundo Dam broke, killing 19 people in the Marianas and devastating the Rio Dos Basin. (Photo: Gladyston Rodrigues/EM/DAPress)

An English court rejected an appeal by mining company BHP Billiton to the Supreme Court against the eligibility of victims of the Fund Dam failure in the Marianas courts in England and Wales.” Last Wednesday (31), the UK Court of Appeal completely rejected all arguments by mining company BHP over the Mariana dam failure, It has appealed to the British Supreme Court in more than 200 cases. Thousands of victims are seeking compensation in British justice,” said Pogust Goodhead, a law firm representing victims.

With this decision, mining company BHP has made a last-ditch attempt to overturn the UK Supreme Court’s ruling of July this year, in which, unanimously, the Court of Appeal upheld the ability of UK courts to adjudicate compensation proceedings. Victims vs. Company. BHP, along with parent company Vale da Samarco, operates the Fundo dam, which collapsed in 2015, killing 19 people and devastating the Rio Doce Hydrographic Basin.

With this, the process moves to the qualification decision stage and its introduction can now begin. The mining company can still try a Supreme Court appeal, but this will not stop the procedural injunction. Reparations could exceed 5 billion pounds (R$ 30 billion).

Grenagh Indians affected by BHP-controlled dam failure at the gates of a London court (Photo: Mateus Parreiras/EM/DAPress)

“Nearly seven years later, hundreds of thousands of people still do not receive adequate compensation for the worst environmental disaster Brazil has ever seen,” says Tom Goodhead, global managing partner at Bogust Goodhead.

“Despite BHP’s commitment to corporate social responsibility, the miner has delayed justice for victims of the dam failure for three years by attempting to block the trial in England,” Goodhead said. “It’s time for BHP to do the right thing, live up to the values it proclaims and stop delaying the inevitable,” the lawyer added.

The Court of Appeal ordered BHP to present its case on the merits. However, the mining company still has the right to a second attempt to appeal to the Supreme Court.

BHP said it was aware of a recent decision by the English Court of Appeal which rejected BHP’s request for leave to appeal the July ruling. BHP is now directly building on the English High Court’s permission to appeal and continue its argument in the case, as it duplicates existing issues with Fundao Renova’s work, which is ongoing under the supervision of the Brazilian judiciary. and due to ongoing legal proceedings in Brazil”, the company points out.

BHP Brazil says it remains committed and continues to work on repair and compensation measures related to the Samarco Fundo dam breach. “To date, Fundão Renova has provided R$ 23.67 billion in reparation and compensation programs. Through the simplified compensation system, R$ 7.17 billion has been granted to more than 67 thousand people who have difficulty proving their damages,” it said. Company.