Contradicted
A reliable and applicable record states the opposite.
BHP argued at trial in London that it was not a polluter under Brazilian environmental law and breached no legal duty, so it was not liable for the Fundao dam failure.
BHP were not polluters within the meaning of Article 3(IV) of the Environmental Law
- About
- BHP Group Limited
- Claim made by
- High Court of Justice, Technology and Construction Court, company statement
- Published
- 14 November 2025
- Evidence score
- 95 How it was scored
- Last reviewed
- 25 October 2026
Why this label
The judgment records BHP's case that it was not a polluter and met the expected standard of conductS1. The court rejected that case. BHP's own release confirms the High Court found it liable under Brazilian law as a polluter and at fault under the civil codeS3. The court held that continuing to raise the dam was indefensible on a proper stability analysisS1. The Court of Appeal refused permission to appeal on each element of the strict liability ground and found the fault points not reasonably arguableS2. BHP did succeed on one point, as the court rejected liability under Brazilian corporate lawS3. The denial of liability is contradicted by final liability findings.
Current procedural position
Liability found by the High Court on 14 November 2025S1. Permission to appeal refused by the High Court in January 2026 and by the Court of Appeal on 6 May 2026S2S7. Damages not yet tried as of October 2026S7.
Record supporting the assessment
BHP confirms that the English High Court has found BHP liable under Brazilian law for the 2015 Fundão dam failure.
Accordingly, I would refuse permission on each element of Ground 1, strict liability.
It is inconceivable that a decision would have been taken to continue raising the height of the dam in those circumstances.
found BHP strictly liable as a polluter under Brazilian environmental law
Conflicting or limiting record
BHP met the expected standard of conduct of parties in their position and breached no specific legal duty.
Evidence score: 95 of 100
The score grades how well the record establishes this assessment. It is not a score of BHP Group Limited. Score = source authority + directness + corroboration + procedural accuracy + currency + reproducibility.
| Component | Points | Max | Reason |
|---|---|---|---|
| Source authorityIs the source competent to establish the proposition? | 30 | 30 | The High Court judgment and the Court of Appeal decision are the competent records. |
| DirectnessDoes the source state the proposition or only discuss adjacent facts? | 18 | 20 | The appeal decision and BHP's release state the liability finding directly. The judgment's conclusions were not retrievable online for this record. |
| CorroborationDo independent records support the same material point? | 14 | 15 | The two courts, BHP's own release and legal press agree. |
| Procedural accuracyDoes the record settle the procedural state the claim describes? | 13 | 15 | Liability is settled after refusal of permission. Damages remain to be tried. |
| CurrencyHas the record been checked against later developments? | 10 | 10 | Checked against the 6 May 2026 Court of Appeal decision. |
| ReproducibilityCan a reader locate the passage and repeat the assessment? | 10 | 10 | Both judgments are on the National Archives case law site. |
| Total | 95 | 100 |
Timeline
Related cases
- Município de Mariana and others v BHP Group (UK) Limited and BHP Group LimitedHigh Court of Justice of England and Wales, Technology and Construction Court, and Court of Appeal (Civil Division). Civil. HT-2022-000304 and HT-2023-000058, [2025] EWHC 3001 (TCC), [2026] EWCA Civ 502.Stage: Liability determined. Permission to appeal refused on 6 May 2026. Damages trial expected in 2027S2S7.
Revision history
- Assessment first published with label Contradicted.
Have a record that changes this assessment? See corrections and responses.
Sources
- S3Tier B Update - United Kingdom group actionBHP Group Limited. Company filing. 14 November 2025.Company statement confirming the liability finding, its intent to appeal and its duplication view. It gave October 2026 to March 2027 for the second stage trial, since overtaken.
- S2Tier A Município de Mariana & Ors v BHP Group (UK) Ltd & Anor [2026] EWCA Civ 502Court of Appeal of England and Wales (Civil Division). Court judgment. 6 May 2026.Refuses permission to appeal on strict liability at paragraph 87 and treats the fault ground as not reasonably arguable. Paragraph 7 places the next trial in the second part of 2027 into 2028. The limitation section was not read.Link working, checked 25 October 2026
- S1Tier A Município De Mariana v BHP Group (UK) Limited & Anor [2025] EWHC 3001 (TCC)High Court of Justice, Technology and Construction Court. Court judgment. 14 November 2025.Liability judgment. Supports BHP's pleaded position at paragraph 8 and the court's dam findings at paragraph 225. The online text read stopped near paragraph 234, so the liability conclusions were not read directly.Link working, checked 25 October 2026
- S8Tier C Município de Mariana v BHP: Court of Appeal refuses permission to appeal liability findingsSolicitors Journal. Press report. 6 May 2026.Legal press summary of the liability bases and the appeal refusal. It reports that all three limitation grounds were refused. No named author, and its points match the Court of Appeal text.Link working, checked 25 October 2026
- S7Tier C BHP can't appeal UK judgment over 2015 Brazil dam collapseReuters (via Engineering News). Press report. 6 May 2026.Reuters report on the Court of Appeal refusal, the January 2026 High Court refusal and the April 2027 damages trial.Link working, checked 25 October 2026
Other claims about BHP Group Limited
- Supported95Reuters reported in November 2025 that London's High Court ruled BHP liable for the 2015 Fundao dam collapse in Brazil.Press report, 14 November 20253 records citedSafety
- Unresolved59BHP said in November 2025 that the UK group action duplicates remediation and compensation already provided in Brazil or available under the Brazil agreement.Company statement, 14 November 20252 records citedSafety
- Outdated79BHP said on 25 October 2024 that the BRL 170 billion Fundao agreement with Brazilian public authorities remained subject to approval by the Brazilian Supreme Court.Company statement, 25 October 20242 records citedCorporate status