Today, mining giant Vale failed in its attempt to appeal a decision which could see it held liable for damages in the largest group litigation in English legal history over the Mariana dam disaster.
The Court of Appeal refused Vale permission to appeal the dismissal of its challenge to the jurisdiction of the English Court.
This means that if the claimants are successful in holding BHP liable for their losses, BHP’s Third Party Claim against Vale will proceed in the English Court, whereby BHP will seek to hold Vale liable for 50% or more of any damages awarded to the claimants.
Representing over 700,000 victims of the Mariana dam disaster, Tom Goodhead, CEO and Global Managing Partner at Pogust Goodhead, said:
“Yet again we see the world’s two biggest mining companies squabbling in court rather than facing up to their responsibility as owners of the mine and dam that caused Brazil’s worst ever environmental disaster.
“No amount of money will be enough, but hiring the most expensive lawyers in the world to fight each other in court is a huge kick in the teeth for all those who are continuing to suffer on a daily basis due to this crime.
“We have recently had the eighth anniversary of the disaster and the victims we represent believe that BHP and Vale’s actions are an affront to justice. It is time for these companies to do the right thing and provide full and fair justice to the victims.”