English court gives green light for $8.8bn class action against BHP

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English court gives green light for $8.8bn class action against BHP
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The claimaints have overturned BHP’s earlier victory in the long stoush over the 2015 Samarco dam disaster. The lawsuit can proceed, unless BHP appeals.

| An English appeals court has given 200,000-plus Brazilian litigants the green light to pursue their £5 billion class action against BHP over the 2015 Samarco dam disaster.

But in June they won an “exceptional appeal” hearing to reconsider that verdict. The ruling in their favour was handed down on Friday. The collapse of the Fundao iron-ore tailings dam in 2015 killed 19 people and left hundreds homeless, as well as wreaking environmental and infrastructure damage that extended across two states.

The litigants say they have had to turn to the English legal system because they are getting only slow and inadequate redress via the Brazilian courts – where a second, 155 billion-real lawsuit is under way – and from the Renova Foundation.BHP still has the option to try and prevent the trial by appealing Friday’s decision to the Supreme Court. A spokesman said the company was considering its response.

He labelled BHP’s publication of social-value targets last week was “the best example of greenwashing I have ever seen”.

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