In preparation for the second stage of the Mariana case trial in England against the mining company BHP, the High Court in London has scheduled a Case Management Conference (CMC) hearing for 2 July and 3 July. Scheduling the hearing for the first half of 2025 – and even before a ruling on BHP’s liability – is yet another indication of the speed and priority the English court has given to the Mariana case.
The international law firm Pogust Goodhead, which represents approximately 620,000 affected individuals, 31 municipalities, Indigenous and Quilombola communities, businesses, and public authorities, as well as the Anglo-Australian mining company BHP, the defendant in the case, will participate in the CMC. The hearing will determine the procedural steps for the second stage of the Mariana trial, which will address the damage caused by the Fundão dam collapse and the compensation to be awarded in the event of a finding of liability. This second stage is currently scheduled to begin in October 2026.
Understanding the Proceedings
The first stage of the trial, concerning BHP’s liability for the events that led to the 2015 dam collapse, concluded on 13 March. A judgment from Mrs Justice Finola O’Farrell is expected by mid-2025.
The second stage – scheduled to begin in October 2026 – will focus on proving the consequences of the Fundão dam collapse and the link between the disaster and the losses suffered by those affected.
The July CMC will serve to agree on the structure of the second trial, including its scope and format, as well as the procedural timetable, deadlines for document disclosure, and arrangements for witness and expert evidence.
Stage Two: damages
The second stage of the Mariana case trial will cover:
(i) The applicable Brazilian legal principles for assessing and quantifying losses;
(ii) The physical extent of the disaster, including the toxicity of the tailings and the areas affected;
(iii) The quantification of compensation for water shortages, power outages, and collective moral damages.
Attempts to delay
BHP has made repeated attempts to delay proceedings in London, all of which have been unsuccessful. In May 2023, the English court refused BHP’s application to postpone the liability trial until 2025. During a further hearing between January and February 2024, the company sought an indefinite adjournment, which was also rejected.
In April 2024, the court dismissed BHP’s request that preparations for the second stage only commence after delivery of the first stage judgment. Not only was this request denied, but the court went on to fix the date for the second stage to begin in October 2026.
Hearing details
Mariana Case – Case Management Conference (CMC), Second Stage (Damages Trial)
• Dates: 2 and 3 July 2025
• Time: From 10:00 AM (UK time) (TBC)
• Venue: Technology and Construction Court, Rolls House, 7 Rolls Building, London EC4A 1NL
