Mariana case: UK law firm to sue mining companies for conspiracy
UK law firm Pogust Goodhead should file a new lawsuit in the London High Court against mining companies BHP, Vale, and Samarco, which are being accused of unlawful conspiracy and inducing breach of contract. The firm is representing over 620 thousand victims of the Fundão dam collapse in the town of Mariana, Minas Gerais state, in 2015.
In a statement, the firm claims that the mining companies “acted in a coordinated manner to sabotage the rights of those affected, frustrate legitimate legal representation, and weaken international proceedings.”
This is alleged to have occurred through the negotiation of deals arranged directly with the victims, without the firm’s participation, even with representation contracts in place. The practice is said to have intensified since the trial began in London in October 2024.
The law firm is asking for compensation of GBP 1.3 billion, which includes the estimated fees not paid to the lawyers following the side deals. According to them, these agreements only occurred as a result of pressure from the international cases in which the firm is active.
The notice points out that the deals reached in Brazil were conditional on the withdrawal of the lawsuits abroad. Without such interference, the statement adds that, all the plaintiffs would probably have continued their lawsuits in the UK and the Netherlands and received higher compensation.
The initial phase of the trial in the British court, in which BHP is being held responsible for the dam collapse, was concluded in March 2025 after 13 weeks of hearings. The court’s decision is expected to come out later this year.
Another lawsuit has been filed in the Netherlands against Vale S.A. and Samarco Iron Ore Europe B.V. In it, Pogust Goodhead is advising the Stichting Ações do Rio Doce Foundation alongside the Dutch law firm LVDK. They represent 75 thousand victims of the Mariana dam collapse.
Notes from the companies
When contacted by Agência Brasil, BHP issued a note stating that Brazil is the most appropriate, effective, and efficient place for compensation and reparation actions for the collapse of Samarco’s Fundão dam, and rejects the allegations made in the letter by Pogust Goodhead.
“The potential claim (yet to be filed) has no substance and BHP will present its defense in due course. Compensation and reparation measures have been implemented by Samarco and the Renova Foundation in Brazil since 2015 in the form of various programs under the supervision of Brazilian courts. These programs were designed and implemented in conjunction with national authorities, with the New Doce River Basin Agreement of October 2024 being the most recent milestone in this process,” the text reads.
According to the company, BRL 59 billion has been earmarked for reparation and compensation efforts so far and an additional BRL 111 billion has begun to be paid by Samarco, as per the 20-year commitment signed with the Brazilian authorities.
BHP’s note adds that those who have received compensation under the Brazilian indemnity programs made this request on their own initiative and that they were duly represented by local Brazilian lawyers, who received the fees due to them under these programs.
The companies Samarco and Vale, cited by the British firm, said they would not comment on the matter.
