BHP Group Limited · mining · environmental disaster · civil litigation · group action · settlement
Was BHP found liable for the 2015 Fundão dam collapse at Mariana?
Yes, in England. On 14 November 2025 the High Court held BHP liable under Brazilian law for the collapse of the Fundão dam owned by Samarco, the BHP and Vale joint venture, and on 6 May 2026 the Court of Appeal refused BHP permission to appeal the liability and limitation findings. On 16 October 2026 the Court of Appeal also dismissed BHP's appeal against an order to pay interest on the claimants' costs. Damages have not been assessed, and BHP expects the second stage trial to run from April 2027 to March 2028. In Brazil, Samarco, Vale and BHP Brasil signed a settlement of about 170 billion reais with public authorities on 25 October 2024, approved by the president of Brazil's Supreme Federal Court in November 2024. Vale is not a defendant in the English case.
Last verified 30 October 2026. United Kingdom · Brazil · Also concerns Vale S.A.
The record at a glance
| What was alleged? | 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 2018.1,2 |
|---|---|
| Who made the claim? | Municipio de Mariana and other claimants in the UK group action, |
| How did BHP respond? | BHP contested liability at trial and said after the judgment that it intended to appeal and would continue to defend the group action. BHP's position is that the court upheld releases signed by about 240,000 claimants compensated in Brazil, which it says should reduce the size and value of the claims. Vale's position on the Brazil settlement is that it is a mutually beneficial resolution on fair and effective terms.3,4 (the subject's position) |
| Was there an official finding? | An English court has determined that BHP is liable under Brazilian law for the Fundão dam collapse, and the Court of Appeal refused permission to appeal those findings.1,2 Samarco, Vale and BHP Brasil signed a settlement with Brazilian public authorities on 25 October 2024 that Brazil's Supreme Federal Court approved.4,5,6 No damages have yet been awarded in the English proceedings. The orders made so far concern liability and costs.2,8,9 |
| Was liability determined? | Yes, liability was determined. In England, liability of BHP Group (UK) Ltd and BHP Group Ltd was determined at first instance on 14 November 2025 and permission to appeal the liability and limitation findings was refused on 6 May 2026, so those findings stand. BHP's separate costs interest appeal was dismissed on 16 October 2026. Quantum and individual entitlement remain to be decided. In Brazil the companies settled with public authorities, and Vale's filing on the settlement does not state an admission of liability.1,2,4,8 |
| What changed later? | 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.2,6,8,9 |
| When was this checked? | 30 October 2026 |
What was alleged?
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 2018.1,2
Made by Municipio de Mariana and other claimants in the UK group action on .
What did BHP say?
BHP contested liability at trial and said after the judgment that it intended to appeal and would continue to defend the group action. BHP's position is that the court upheld releases signed by about 240,000 claimants compensated in Brazil, which it says should reduce the size and value of the claims. Vale's position on the Brazil settlement is that it is a mutually beneficial resolution on fair and effective terms.3,4
"BHP intends to appeal the decision and will continue to defend the UK group action."
BHP (company statement), 14 November 2025. This is the subject's own account, not a finding.
What do independent records show?
Definitive settlement (repactuação) for reparation of the Fundão dam collapse
Federal Government of Brazil, states of Minas Gerais and Espírito Santo, public prosecutors and public defenders, 25 October 2024
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.4,5
Homologation of the settlement (as reported)
Supreme Federal Court of Brazil (President Luís Roberto Barroso), 6 November 2024
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.6,7
Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Ltd [2025] EWHC 3001 (TCC), first stage judgment
High Court of England and Wales, Technology and Construction Court (Mrs Justice O'Farrell), 14 November 2025
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.1,2,3
Municipio de Mariana v BHP Group (UK) Ltd [2026] EWCA Civ 502
Court of Appeal of England and Wales (Lewison LJ and Fraser LJ), 6 May 2026
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.2
Municipio de Mariana v BHP Group (UK) Ltd [2026] EWCA Civ 1319
Court of Appeal of England and Wales (Sir Geoffrey Vos MR, Zacaroli LJ and Cockerill LJ), 16 October 2026
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.8
What was established?
- An English court has determined that BHP is liable under Brazilian law for the Fundão dam collapse, and the Court of Appeal refused permission to appeal those findings.1,2
- Samarco, Vale and BHP Brasil signed a settlement with Brazilian public authorities on 25 October 2024 that Brazil's Supreme Federal Court approved.4,5,6
- No damages have yet been awarded in the English proceedings. The orders made so far concern liability and costs.2,8,9
Distinctions that matter here
- The English judgment decides liability only. It does not award damages.
- Vale is not a defendant in the English proceedings. Its involvement here is as Samarco's co-owner and party to the Brazil settlement.
- A settlement with public authorities is not a court finding of liability.
Was liability determined?
Yes, liability was determined. In England, liability of BHP Group (UK) Ltd and BHP Group Ltd was determined at first instance on 14 November 2025 and permission to appeal the liability and limitation findings was refused on 6 May 2026, so those findings stand. BHP's separate costs interest appeal was dismissed on 16 October 2026. Quantum and individual entitlement remain to be decided. In Brazil the companies settled with public authorities, and Vale's filing on the settlement does not state an admission of liability.1,2,4,8
What remains unresolved?
- Damages and individual entitlement in the English group action, at a second stage trial BHP expects to run from April 2027 to March 2028.
- How many claimants remain after the court upheld releases. BHP says active claimants fall from about 620,000 to about 340,000, and the Court of Appeal's October 2026 judgment refers to some 450,000 claimants. The figures were not reconciled.
What is the current status?
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.2,6,8,9
As of 30 October 2026. No next proceeding is scheduled in the records we found.
Timeline
- Fundão dam collapses near Mariana, Minas Gerais, killing 19 people.4,5
- Brazil settlement signed in Brasília.4,5
- Supreme Federal Court president approves the settlement.6
- Supreme Federal Court finds no irregularities in the homologation when judging five appeals, as reported.7
- English High Court liability judgment.1
- High Court costs order, including interest on costs and 43 million pounds on account.8
- Court of Appeal refuses BHP permission to appeal liability.2
- Court of Appeal dismisses BHP's costs interest appeal.8
Sources
- The National Archives, Find Case Law, Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Ltd [2025] EWHC 3001 (TCC), 14 November 2025 · document record Court, legislation, official register or regulator record
- The National Archives, Find Case Law, Municipio de Mariana & Ors v BHP Group (UK) Ltd & Anor [2026] EWCA Civ 502, 6 May 2026 · document record Court, legislation, official register or regulator record
- BHP, Update, United Kingdom group action, 14 November 2025 · document record Filing or formal statement by the subject
- Vale S.A. (SEC filing), Vale S.A. Form 6-K, definitive settlement for Fundão dam reparation, 25 October 2024 · document record Filing or formal statement by the subject
- Agência Minas, Government of Minas Gerais, Novo acordo de Mariana: poder público responsabiliza mineradoras e reparação chegará a R$ 170 bilhões, 25 October 2024 · document record Government, parliamentary or audit document
- InfoMoney, Presidente do STF homologa acordo de R$ 170 bi por rompimento de barragem em Mariana, 6 November 2024 Independent reporting
- Agência Brasil, STF mantém acordo de reparação pela tragédia de Mariana, 9 April 2025 Independent reporting
- Courts and Tribunals Judiciary, Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Ltd [2026] EWCA Civ 1319, 16 October 2026 · document record Court, legislation, official register or regulator record
- BHP, UK Group Action (information page) · document record Filing or formal statement by the subject
Revision history
- 30 October 2026: First published after source verification.
Related: BHP Group Limited, mining, environmental disaster, civil litigation, group action, settlement, United Kingdom, Brazil. To submit a document or request a correction, see right of reply.