HT-2022-000304 - [2025] EWHC 1771 (TCC)

The claims arise out of the collapse of the Fundão Dam in South East Brazil on 5 November 2015, releasing millions of cubic metres of tailings from iron ore mining and causing widespread destruction and environmental pollution.

The background to these proceedings is set out in earlier judgments by the Court of Appeal at [2022] EWCA Civ 951 and by this court at [2022] EWHC 330, [2023] EWHC 1134 and [2023] EWHC 2030.

The claims, seeking compensation for loss and damage caused by the collapse of the dam, are brought jointly and severally against the defendants. The claimants are all Brazilian and currently comprise (i) 586,906 individuals; (ii) 1,433 businesses; (iii) 69 faith based institutions; (iv) 32 municipalities; (v) 7 utility companies; and (vi) 23,750 indigenous and Quilombola community members.

The First Stage trial of threshold liability issues was heard between October 2024 and March 2025. Judgment was reserved and has not yet been handed down. The Second Stage trial is currently listed to commence on 5 October 2026 with an estimate of 22 weeks. One of the main purposes of this CMC is to consider the nature and scope of the Second Stage trial and set out a framework for preliminary procedural steps to be taken in parallel planning for any Second Stage trial.