Skip to content
Hendersons - Barristers' Chambers
Articles International 19th Nov 2020

High Court strikes out group action as an abuse of process: Alerter by Freya Foster

The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens.

While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions.

Charles Gibson QC led the Counsel team for the Defendants, Henderson Chambers coverage of the judgment can be found here.

Read more in this alerter by Freya Foster.


Download

Would you like to know more?

If you require help or advice please contact our clerking team

Call - +44 (0)20 7583 9020
or email our clerks

Shortlist close
Title Type CV

Remove All

Download


Click here to email this list.