Latest News

BHP faces UK contempt charge for funding case over Brazil dam collapse

The High Court of London ruled that BHP will be held in contempt for its funding of litigation to try and prevent certain Brazilian municipalities from suing BHP over one of Brazil’s worst environmental disasters.

The ruling on Thursday is the latest in a long-running lawsuit over the failure of the Mariana Dam in Southeastern Brazil, which was owned and operated jointly by BHP's Samarco joint enterprise and Vale.

Judge Adam Constable stated that it is arguable BHP, world's largest miner in terms of market value, has funded Brazilian litigation for the municipalities to stop them suing London "with the intention... of interfering... with the administration justice".

The date of the contempt hearing is still unknown.

BHP is awaiting the verdict in a London case that lawyers for the claimants have estimated at up to 49.3 billion pounds (36 billion pounds).

BHP's spokesperson stated that the decision did not decide the merits of the contempt applications made by municipalities, which it "will continue vigorously to defend".

Lawyers for the claimants who sued BHP, including more than 600 000 Brazilians, 46 local government and around 2,000 companies, welcomed the decision, calling it "a significant step in holding BHP accountable".

The dam broke and released a toxic sludge which killed 19 people and left thousands homeless. It also flooded forests and polluted the Doce River. This led to the largest legal case in English history.

The trial started in October and ended in March. The decision on whether BHP is responsible for the collapse of the mines is still pending.

BHP denies responsibility and claims that the case duplicates Brazilian legal proceedings, reparation and repair programmes and court cases. Brazil signed an agreement for compensation with BHP and Samarco worth 30.06 billion dollars in the first week of the trial. (Reporting and editing by Barbara Lewis; Sam Tobin)

(source: Reuters)