BHP facing another court battle in the UK
PERTH (miningweekly.com) – A UK Court of Appeal has granted a group of claimants leave to appeal a 2020 High Court decision dismissing legal actions against mining major BHP regarding the 2015 Samarco dam failure, in Brazil.
The High Court in November 2020 dismissed the group action, which was seeking compensation for individuals, municipalities, private businesses and other institutions in Brazil following the Samarco dam failure, saying that the group action was an abuse of process.
However, the UK Court of Appeal has given the claimants leave to appeal this decision, allowing the group action to continue in the UK and overturning an earlier decision by the High Court.
BHP on Monday said that it was considering seeking permission to appeal the judgment to the UK Supreme Court.
“BHP will continue to defend the UK group action, which BHP believes is unnecessary because it duplicates matters already covered by the existing and ongoing work of the Renova Foundation and legal proceedings in Brazil,” the miner said in a statement.
It added that the judgment was not a decision in relation to the merits of the claims made in the group action, but was concerned with the preliminary question of whether the group action can continue against BHP in the UK.
“BHP Brasil remains committed to continue supporting the local remediation efforts in Brazil through the Renova Foundation. Those efforts have already provided BRL9.8-billion, or some £1.5-billion in compensation and direct financial aid in relation to the dam failure to over 376 000 people,” the miner said.
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