How the Mariana dam collapse lawsuits unfolded
Hundreds of thousands of claimants, including Brazilian municipalities, individuals, businesses and indigenous and Quilombola community members, alleged in the English High Court that BHP is liable under Brazilian law for losses from the 5 November 2015 collapse of the Fundão tailings dam operated by Samarco, which killed 19 people. BHP says the group action was first filed in 2018.
As of 30 October 2026 BHP's liability in the English group action stands with no permission to appeal, its costs interest appeal was dismissed on 16 October 2026, damages are yet to be assessed, and the Brazil settlement has been approved by Brazil's Supreme Federal Court.
Brazil settlement signed in Brasília
Definitive settlement (repactuação) for reparation of the Fundão dam collapse. Samarco, Vale and BHP Billiton Brasil agreed a settlement of about 170 billion reais, described by Vale as 100 billion reais paid in instalments over 20 years to public authorities, 32 billion reais of performance obligations by Samarco and 38 billion reais already spent. The Minas Gerais government described 132 billion reais in new resources.
Supreme Federal Court president approves the settlement
Homologation of the settlement (as reported). InfoMoney reported that the court's president signed the homologation of the agreement. Agência Brasil reported that on 9 April 2025 the court unanimously found no irregularities in the homologation decision when judging five appeals filed by entities that are not parties to the case.
Supreme Federal Court finds no irregularities in the homologation when judging five appeals, as reported
English High Court liability judgment
Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Ltd [2025] EWHC 3001 (TCC), first stage judgment. The court decided key liability issues. As summarised by the Court of Appeal and BHP, it held BHP liable as a polluter under Brazilian environmental law and at fault under the Brazilian Civil Code, rejected liability under Brazilian corporate law, found the claims not time barred, and upheld the validity of releases signed by claimants compensated in Brazil. Entitlement and quantum are for later stages.
High Court costs order, including interest on costs and 43 million pounds on account
Court of Appeal refuses BHP permission to appeal liability
Municipio de Mariana v BHP Group (UK) Ltd [2026] EWCA Civ 502. Permission to appeal was refused on strict liability, fault-based liability and all three limitation grounds. The only ground proceeding was BHP's appeal on interest on pre-judgment costs, for which the High Court had given permission, and the court ordered that appeal expedited. The judgment refers to a further trial in the second half of 2027 into 2028 dealing with outstanding issues including quantum.
Court of Appeal dismisses BHP's costs interest appeal
Municipio de Mariana v BHP Group (UK) Ltd [2026] EWCA Civ 1319. The court dismissed BHP's appeal against the High Court's order of 26 January 2026 that BHP pay pre-judgment interest at 1% above base rate on the claimants' recoverable Stage 1 costs. The judgment records that the High Court also ordered BHP to pay 90% of the claimants' Stage 1 costs and 43 million pounds on account, and refers to some 450,000 claimants.
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Sources
9 records, ranked by type- 1Official record14 Nov 2025Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Ltd [2025] EWHC 3001 (TCC)The National Archives, Find Case Law · caselaw.nationalarchives.gov.uk
- 2Official record6 May 2026Municipio de Mariana & Ors v BHP Group (UK) Ltd & Anor [2026] EWCA Civ 502The National Archives, Find Case Law · caselaw.nationalarchives.gov.uk
- 3Subject's own statement14 Nov 2025Update, United Kingdom group actionBHP · bhp.com
- 4Subject's own statementUK Group Action (information page)BHP · bhp.com
- 5Government document25 Oct 2024Novo acordo de Mariana: poder público responsabiliza mineradoras e reparação chegará a R$ 170 bilhõesAgência Minas, Government of Minas Gerais · agenciaminas.mg.gov.br
- 6Subject's own statement25 Oct 2024Vale S.A. Form 6-K, definitive settlement for Fundão dam reparationVale S.A. (SEC filing) · sec.gov
- 7News report6 Nov 2024Presidente do STF homologa acordo de R$ 170 bi por rompimento de barragem em MarianaInfoMoney · infomoney.com.br
- 8News report9 Apr 2025STF mantém acordo de reparação pela tragédia de MarianaAgência Brasil · agenciabrasil.ebc.com.br
- 9Official record16 Oct 2026Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Ltd [2026] EWCA Civ 1319Courts and Tribunals Judiciary · judiciary.uk
Last updated 30 October 2026. Spotted an error? See corrections. Every event links to the record it comes from. Allegations are attributed to whoever made them.