Category: striking out

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk