UK High Court blocks BHP appeal in Mariana dam ruling

By Brazil Stock Guide – The UK High Court has denied BHP Group Ltd. (BHP AU, BHP LN) permission to appeal a ruling that held the miner responsible for the collapse of the Fundão tailings dam in Mariana, Brazil, maintaining a first-instance judgment issued in November 2025.

The court said there was no compelling reason to authorize an appeal, noting that the case was decided largely on Brazilian law and on factual and expert evidence already recognized in the UK jurisdiction. “There is no other relevant reason that justifies the appeal being heard,” the judgment said, adding that while the ruling could be of interest in other jurisdictions, it was grounded in Brazilian legal principles treated as facts by the British court.

Under UK procedure, the defendants retain the right to seek permission to appeal directly before the Court of Appeal. The High Court granted a 28-day extension from the publication date of the ruling for any such application to be filed.

In a statement, BHP said it plans to challenge the liability ruling before the Court of Appeal and will continue defending itself in the remaining stages of the case. The company stressed that the November 2025 judgment acknowledged compensation programs already implemented in Brazil and argued that “Brazil is the most appropriate forum to ensure fair and full reparation for those affected.”

BHP said about 240,000 claimants in the UK action have already signed full settlement agreements and received compensation in Brazil. According to the miner, the law firm representing victims indicates that around 620 claimants remain in the UK proceedings. “The expectation is that this and other factors should result in the number of claimants in the English action being reduced by half,” the company said.

The miner also pointed to ongoing remediation efforts under the New Rio Doce Agreement, signed with Brazilian public authorities in October 2024. Samarco, BHP Brasil and Vale SA (VALE3, VALE) are jointly implementing the accord, valued at roughly 170 billion reais. Since the dam collapse, more than 610,000 people have received compensation or emergency financial assistance in Brazil, according to BHP.