Vale SA v BHP Group UK Ltd 2023 EWCA Civ 1388 - 24 November 2023
Country
Year
2023
Summary
On 5 November 2015, the Fundão Dam in southeast Brazil collapsed, killing 19 people, destroying villages, and causing widespread destruction and damage. One estimated figure for the remediation costs and compensation has been put at £25 billion. The dam was owned and operated by Samarco Mineração S.A. ("Samarco"), a joint venture company owned by the appellant ("Vale") and BHP Brasil Ltda ("BHP Brazil"). The second respondent in these proceedings is the ultimate parent company of BHP Brasil. I shall refer to the respondents collectively as "BHP".