Summary

The issue raised by this appeal is whether, and if so when, procuring an anti-suit injunction ('ASI') or anti-anti-suit injunction ('AASI') from a foreign court, which is intended to restrain or hinder the pursuit of claims in England and Wales, can amount to a criminal contempt of court.

The appeal is from an order of Mr Justice Constable ('the Judge') who dismissed an application to strike out a criminal contempt application for reasons given in his judgment of 26 June 2025 ('the Judgment'). It arises in the context of proceedings brought in the Technology and Construction Court ('the TCC proceedings') by, amongst others, the Respondents (the 'Municipality Claimants' or 'MCs') against the Appellants (together 'BHP') following the collapse of the Fundão Dam in southeast Brazil on 5 November 2015.

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For these reasons, which to some extent address rather different arguments from those addressed to the Judge, I would allow the appeal.