“This is the largest case class action case in history that we’re aware of,” said Tom Goodhead, global managing partner of class-action lawyers Pogust Goodhead.
The collapse of the Fundao iron ore tailings dam killed 19 people and left hundreds homeless. The floods and toxic wastewater wrought environmental and infrastructure damage that extended across two states and almost 700 kilometres of waterways.Eight BHP executives were charged with criminal offences by Brazilian authorities, including intentional homicide and serious bodily injury. BHP Brazil was charged with environmental crimes.
The claimants lost an appeal against that decision in March 2022, but then in July won an “exceptional appeal” that allowed the case to go ahead. “The judge who’s currently running the case in England, she’s put in place a structure called a master schedule, which is basically a huge Excel document, in effect, where every claimant is required to just put some basic information in there,” he said.