Pogust Goodhead is deeply concerned by the escalation in approaches and communications directed at clients and co-counsel involved in the Mariana English litigation in recent days.
Hundreds of thousands of people affected by the Fundão dam collapse entrusted their claims to Pogust Goodhead. Many have been waiting for years for justice and compensation and are now being confronted with conflicting information about who represents them, what has happened to their claims and what steps they are expected to take.
These clients, who have been fighting for justice for almost 11 years, cannot be turned into instruments of a dispute between law firms overseas.
Pogust Goodhead’s position is clear: the Client Committee does not have the authority, by its own decision, to terminate Pogust Goodhead’s representation on behalf of the wider group of claimants or collectively transfer their claims to another law firm. This remains a matter of dispute and cannot be presented to clients as though a transfer of representation has already been completed.
This does not mean that any client is prevented from making their own decision. On the contrary. Every client has the right to decide who they wish to represent them and to receive clear, complete and independent information before making a decision of such importance.
It is precisely for this reason that Pogust Goodhead considers any attempt to pressure clients or co-counsel into accepting a change of representation as a fait accompli, signing new documents or transferring contracts without fully understanding the legal position and the potential consequences of that decision to be deeply concerning.
A change of representation at this stage of one of the largest group litigations ever brought before the English courts is not simply an administrative matter. It has the potential to carry significant contractual, procedural and financial consequences, including for litigation funding, adverse costs protection through After the Event (ATE) insurance, and the preparations and timetable for the Phase 2 trial.
These arrangements form part of a carefully constructed litigation infrastructure developed specifically for the unprecedented scale and complexity of these proceedings. That infrastructure exists ultimately toprotect the claimants and support the orderly progression of their claims through Phase 2. Any proposed change must therefore be approached with exceptional care to ensure that it does not create unnecessary uncertainty, disruption or risk to the trial timetable.
Clients deserve to understand these risks before they are asked to make any decision.
This moment also requires responsibility. After years of litigation, the claimants secured a landmark judgment holding BHP liable for the Mariana disaster. The proceedings have now moved into the phase of assessing losses and determining compensation, with the trial currently scheduled to begin in April 2027.
Pogust Goodhead continues to work on preparations for this phase and to represent hundreds of thousands of claimants. The firm remains committed to protecting its clients’ interests and preserving the current timetable for the proceedings.
Our message at this moment is simple: clients must be protected from pressure, misinformation and a dispute they did not create.
No client should feel that they need to make an immediate decision.
No client should be led to believe that they have automatically lost their lawyer or that they are required to sign new documents.
And no decision about their representation should be made without adequate information and without their individual wishes being respected.
Pogust Goodhead will continue to take the necessary steps to protect its clients and the orderly progress of the Mariana English litigation. It will also continue to respond to legitimate questions and provide information so that each client can make their own decisions freely and on an informed basis.
The focus must return to what should always have been at the heart of these proceedings: the victims of the Mariana disaster and their right to justice and fair compensation.
