Municipio De Mariana v BHP Group UK Ltd and Anor 2023 EWHC 1134 TCC - 12 May 2023
This matter is before the court for the first case management conference. The proceedings concern claims by the claimants against the first and second defendants, ("BHP"), for compensation arising out of the Fundão Dam disaster in Brazil.
The dam was owned and operated by Samarco Mineração SA ("Samarco"), a Brazilian company jointly owned, in 50% shares pursuant to a joint venture agreement, by the Part 20 defendant, a Brazilian entity ("Vale") and BHP Brasil Ltda ("BHP Brasil"). The first and second defendants operated together as a single economic entity under a dual listed company structure and the second defendant is the ultimate parent company of BHP Brasil.
The matter was last before the court at a directions hearing in December 2022, at which the court issued group litigation directions and fixed a first stage trial to determine threshold liability issues to commence on 9 April 2024 with an estimate of 9 weeks, including 1 week of judicial reading.