The dam in Mariana, southeastern Brazil, was owned by Samarco, a joint venture between the mining giants Vale and BHP.
The claimants’ lawyers argued successfully that the trial should be held in London because BHP headquarters “were in the UK at the time of the dam collapse”.
A separate claim against Samarco’s second parent company, Brazilian mining company Vale, was filed in the Netherlands, with more than 70,000 plaintiffs.
The dam was used to store waste from iron ore mining. When it burst, it unleashed tens of millions of cubic metres of toxic waste and mud. The sludge swept through communities, destroying hundreds of people’s homes and poisoning the river.
Judge Finola O’Farrell said in her High Court ruling that continuing to raise the height of the dam when it was not safe to do so was the “direct and immediate cause” of the dam’s collapse, meaning BHP was liable under Brazilian law.
BHP is expected to appeal the ruling.
President of BHP’s Minerals Americas, Brandon Craig, said in a statement that 240,000 claimants in the London lawsuit “have already been paid compensation in Brazil”.
“We believe this will significantly reduce the size and value of claims in the UK group action,” he added.
