The London High Court refused BHP permission to appeal a November ruling that found the company legally liable for the 2015 Fundão dam collapse in Brazil. BHP said it will apply directly to the Court of Appeal and will continue defending subsequent phases of the London litigation. Claimants have valued the case at up to £36 billion and are seeking nearly £200 million in fees; a damages trial is due in October with a final ruling expected around mid-2027.
London Court Refuses BHP Permission To Appeal 2015 Fundão Dam Ruling — Company To Take Case To Court Of Appeal
A BHP Group logo is displayed on their building in Adelaide, Australia, September 18, 2025. REUTERS/Hollie Adams
LONDON — A London court on Monday refused BHP permission to appeal a November High Court ruling that found the miner legally liable for the 2015 collapse of the Fundão dam in southeastern Brazil, a case being heard in London that could be worth tens of billions of pounds.
In its judgment, the High Court concluded BHP was responsible for the failure of the Samarco-owned Fundão dam near Mariana. Samarco is a joint venture controlled by BHP and Brazil's Vale.
BHP applied for permission to challenge that finding but the High Court denied the request. The company said it will apply directly to the Court of Appeal and continue to defend the remaining stages of the multi-phase litigation.
"We will take our appeal to the Court of Appeal," a BHP spokesperson said. "BHP will continue to robustly defend the remaining phases of this action in parallel. Brazil is the most appropriate avenue to provide full and fair remediation to those impacted."
What Happens Next
BHP has said it will seek leave from the Court of Appeal. Meanwhile, the litigation proceeds: the initial stage decided only whether BHP was liable. A further trial to determine damages is due to begin in October, with a final decision on compensation expected around mid-2027.
Scale and Stakes
Claimants' lawyers have previously valued the potential award at up to £36 billion (about $48.26 billion) and have sought nearly £200 million in legal fees following their initial victory on liability. The litigation includes claims by hundreds of thousands of Brazilians, dozens of local governments and roughly 2,000 businesses.
Human and Environmental Impact
The Fundão collapse unleashed a surge of toxic tailings that killed 19 people, left thousands homeless, flooded forests and contaminated large stretches of the Doce River — widely regarded as Brazil's worst environmental disaster.
Judge Finola O'Farrell ruled in November that BHP should not have continued raising the height of the dam, a decision the judge said contributed to the structure's eventual failure.
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