Stay in Mariana dam claim refused

The High Court has refused to stay the Mariana dam collapse trial amid continuing uncertainty over which firm will act for the claimants. 

Pogust Goodhead brought the initial claim, on behalf of 420,000 people, but earlier this month Bailey Glasser International (BGI) declared that it had been chosen by a ‘client committee’ to act for the claimants in the next stage of High Court proceedings. 

Bailey sought an order for a stay, which has now been refused. This means the litigation will continue on the existing timetable. The phase 2 trial, dealing with quantum, is listed for April 2027.

In November last year the High Court found the 2015 collapse of the Fundão Dam, operated by Samarco, a joint venture between mining giant BHP and Brazilian company Vale, had been ‘foreseeable’. It found BHP ‘strictly liable’.

Pogust Goodhead rebuts BGI’s claim that it is now on the record for the litigation. Pogust made an application to the High Court over the dispute, for which an expedited hearing has been listed for next month.

Rather than stay proceedings in the principal litigation, the High Court ordered that any necessary extensions to the timetable be resolved through case management applications.

Alicia Alinia, Pogust Goodhead’s CEO, said: ‘Today’s ruling is an important win for our clients. The court has rejected any attempt to delay this litigation and confirmed that the timetable towards justice remains intact. After almost 11 years, our clients deserve clarity, not delay. This decision ensures that the question of representation will be resolved quickly, and in public, exactly as it should be.’