Pogust Goodhead

Today is a painful date for the victims of the Mariana dam collapse. Nine years ago, on 5 November 2015, this disaster completely changed their lives.     On this day in 2015, the Fundão mining tailings dam burst in the state of Minas Gerais, in southeastern Brazil.     Districts were devastated by the toxic sludge, and at least 46 municipalities in Minas Gerais, Espírito Santo, and Bahia were affected.     The tragedy, which claimed 19 lives and caused a mother to lose her unborn child, deeply altered the fate of thousands of families and Indigenous and quilombola communities.     The Mariana case trial, which started on 21 October in the English courts, represents a real chance for justice and hope for around 620,00 people seeking reparation.     They want BHP to be held accountable for the damages caused, setting an example to other large corporations that their wrongdoings have legal  consequences.     Each step in this process symbolises the immense strength, resilience, and determination of those who have refused to give up, even after nearly a decade of struggle.     Their unwavering demand for justice stands as a testament to their courage and commitment to ensuring that no community faces such devastation in silence.    Mariana: 9 years fighting for justice! 

This week, The Telegraph recognized Mônica dos Santos, one of the 620,000 claimants seeking justice from BHP in the Mariana case in England courts, as "the Mr. Bates of Brazil". Mônica plays an impactful role in the fight for justice nearly a decade after the tragic Mariana dam collapse in Minas Gerais, Brazil.    This comparison to Alan Bates, a central figure in the British Post Office scandal, highlights Mônica’s relentless commitment to accountability. Like Bates, she has become a powerful figure, raising awareness of the damages suffered by people affected by Brazil's worst environmental disaster.     Alan Bates fought tirelessly for over two decades to reveal how faulty software had wrongfully implicated UK sub-postmasters of theft, devastating their lives and reputations.    Similarly, Mônica has been at the forefront of a major legal battle against BHP, confronting the mining giant with unwavering determination to secure justice for the communities impacted by the Mariana disaster.      The Mariana dam collapse released millions of tons of toxic sludge, devastating entire towns, contaminating the Rio Doce basin, killing 19 people and causing the miscarriage of an unborn child, and impacting countless other lives and ecosystems.     Read the full article below.  

Last week, at the prestigious King's Brazil Institute, the voices of victims of the Mariana Dam disaster resonated as they shared their stories of loss and the ongoing struggle for justice against BHP and Vale.     The event, hosted by Dr Andreza Aruska de Souza Santos, Director of the Institute, brought together British-Brazilian students and civil society organisations. The discussion also featured Pogust Goodhead's Partner and Chief Investment Officer, Ana Carolina Salomão Queiroz, who outlined why the case came to the UK, its potential impact on British and Brazilian companies, and the significance of this case in protecting victims of corporate misconduct worldwide.     The attendees also heard from Wakrewa Krenak, who shared the impacts faced by the Krenak Indigenous community. Families of those who lost their lives, including mothers and wives such as Gelvana Rodrigues, Pamela Fernandes, and Ana Paula Alexandre, conveyed the profound pain of their losses. Simone Silva, a quilombola leader and mother of a child affected by heavy metal contamination, also spoke powerfully on the lasting effects of the tragedy and her pursuit of justice.     The victims have travelled to London to bring attention to the case, amplifying the voices of those affected among the British-Brazilian community and the global Brazilian diaspora, and raising awareness of their ongoing fight for justice. The trial of the Mariana case continues in the English courts. 

Claimants from the Mariana case in the English courts were welcomed to the UK Parliament on Tuesday, 22 October. As the trial against BHP began on Monday, 21 October, in the English courts, MPs gathered to listen to the victims' stories.  The event was hosted by Polly Billington MP and Jake Richards MP, with support from Andrew Pakes MP, Alex Sobel MP, Tan Dhesi MP, and Cat Eccles MP. We thank them and other MPs who have voiced their support for the victims, including Anna McMorrin MP, Fabian Hamilton MP, John McNally, Brendan O'Hara and many more.  Polly Billington PM opened the session by emphasising the UK's potential role in contributing to justice for those impacted by the Mariana dam collapse, as the victims wait for reparations for over nine years. Our Partner and Chief Investment Officer (CIO), Ana Carolina Salomão Queiroz, highlighted to those in attendance that while the case is being heard in the English courts, the law applied is Brazilian, reflecting the context of the disaster. Our clients, accompanied by Partner Felipe Hotta, delivered powerful speeches about the impacts they have endured from the Fundão dam collapse and there wasn't a dry eye in the room.  Wakrewa Krenak, a representative of the Krenak Indigenous people, shared that the opportunity to be heard in the UK Parliament is a significant step forward, as they have not yet been included in negotiations undertaken in Brazil. Thatiele Monic, President of the Santa Efigênia Quilombola Association, spoke about the responsibility of representing all other victims of the Mariana disaster. "It is important to have our stories heard, particularly by people in countries where BHP was domiciled at the time of the tragedy”, she emphasised. Simone Silva, whose 9-year-old daughter was contaminated with heavy metals as a baby, shared her painful reality, explaining that doctors cannot guarantee her daughter will reach adulthood, as her brain and heart have already been affected by toxic metals. At the end, campaigner Rosamund Adoo-Kissi-Debrah CBE also added her thoughts in solidarity, having also lost a child to a tragedy. Jake Richards MP, who formerly worked with Pogust Goodhead and spent three months in Brazil, expressed his honour in hearing the claimants' voices during this crucial phase of the proceedings, the liability trial. Pogust Goodhead extends its sincere thanks to the MPs for hosting our clients and helping to bring international awareness to the ongoing fight for justice for those affected by the Mariana disaster. 

Claimants from the Mariana case in the English courts were welcomed to the UK Parliament on Tuesday, 22 October. As the trial against BHP began on Monday, 21 October, in the English courts, MPs gathered to listen to the victims' stories.  The event was hosted by Polly Billington MP and Jake Richards MP, with support from Andrew Pakes MP, Alex Sobel MP, Tan Dhesi MP, and Cat Eccles MP. We thank them and other MPs who have voiced their support for the victims, including Anna McMorrin MP, Fabian Hamilton MP, John McNally, Brendan O'Hara and many more.  Polly Billington PM opened the session by emphasising the UK's potential role in contributing to justice for those impacted by the Mariana dam collapse, as the victims wait for reparations for over nine years. Our Partner and Chief Investment Officer (CIO), Ana Carolina Salomão Queiroz, highlighted to those in attendance that while the case is being heard in the English courts, the law applied is Brazilian, reflecting the context of the disaster. Our clients, accompanied by Partner Felipe Hotta, delivered powerful speeches about the impacts they have endured from the Fundão dam collapse and there wasn't a dry eye in the room.  Wakrewa Krenak, a representative of the Krenak Indigenous people, shared that the opportunity to be heard in the UK Parliament is a significant step forward, as they have not yet been included in negotiations undertaken in Brazil. Thatiele Monic, President of the Santa Efigênia Quilombola Association, spoke about the responsibility of representing all other victims of the Mariana disaster. "It is important to have our stories heard, particularly by people in countries where BHP was domiciled at the time of the tragedy”, she emphasised. Simone Silva, whose 9-year-old daughter was contaminated with heavy metals as a baby, shared her painful reality, explaining that doctors cannot guarantee her daughter will reach adulthood, as her brain and heart have already been affected by toxic metals. At the end, campaigner Rosamund Adoo-Kissi-Debrah CBE also added her thoughts in solidarity, having also lost a child to a tragedy. Jake Richards MP, who formerly worked with Pogust Goodhead and spent three months in Brazil, expressed his honour in hearing the claimants' voices during this crucial phase of the proceedings, the liability trial. Pogust Goodhead extends its sincere thanks to the MPs for hosting our clients and helping to bring international awareness to the ongoing fight for justice for those affected by the Mariana disaster. 

Today, Pogust Goodhead is in court in London to take on BHP, the world’s largest mining company, in the Mariana case. Representing 620,000 Brazilian victims, we are holding BHP to account for the catastrophic collapse of the Fundão dam, which claimed 19 lives, caused the miscarriage of a baby, and devastated the environment and livelihoods across Minas Gerais, Espírito Santo, and Bahia. Our clients are in London seeking justice, sharing how BHP’s negligence shattered their lives. They include members of traditional communities who lost their culture and connection to the polluted river, mothers who lost their children, and families who lost their homes. Read the BBC’s coverage of the case below:  https://lnkd.in/eWRpZdDt We stand together in the fight for justice!

Pogust Goodhead are delighted to hear that the Government intend to conduct a review into the ten-year limitation period on faulty medical products.     Partner Lisa Lunt and client liaison and campaigner Jan Faulkner visited the House of Lords yesterday to support Baroness Liz Sugg when she asked the government to extend the statute from ten years to twenty, in line with our European counterparts.     Baroness Jones, of Whitchurch, yesterday confirmed that her Department for Business and Trade and Department Science, Information and Technology, are reviewing legislation which prevents anyone harmed by a faulty medical device from pursuing legal action if their medical device is more than ten years old.     Baroness Gillian Merron, Under Secretary of State for the Department of Health, has also agreed to meet with the campaign group.     The Campaigners for #RaiseTheLimit, supported by Pogust Goodhead, are finally starting to have their voices heard. Watch a clip of the debate below:

One of most important weeks in Pogust Goodhead's history is almost here.    Next week begins our mammoth trial against BHP, the world's largest mining company, on behalf of 620,000 Brazilian claimants. It won't just be the largest trial in UK history of its kind, but one with huge consequences for delivering justice for victims of environmental disasters across the world.   To mark this occasion, Pogust Goodhead is taking part in a number of debates, screenings and media events across London starting Monday. Want to join us?   - On Tuesday, 22 October, Andrew Pakes MP and Jake Richards MP are hosting an event in Parliament with some of the victims from the disaster. We have a few seats available, so if you want to attend please note your interest in the comments.   - On Wednesday, 23 October, the King's Brazil Institute in London is hosting a debate and a chance to hear from the victims directly. This event is now full, but if you want to live-stream it, sign up from here: https://lnkd.in/dBYRHt6E   Pogust Goodhead is determined to ensure the companies that destroyed the lives and livelihoods of hundreds of thousands of Brazilians are held responsible, wherever they may be based.

Last week in Melbourne, our delegation of clients met with John Gordon, the lawyer who took on BHP over the Ok Tedi disaster in Papua New Guinea, alongside Caitlin Reiger, the CEO of the Human Rights Law Centre, and Keren Adams, the Legal Director at the HRLC.    The disaster caused severe harm to the environment along 1,000 km of the Ok Tedi River and the Fly River in the Western Province of Papua New Guinea from 1984 to 2013, with the damage still ongoing. The lives of 50,000 people have been disrupted by the disaster. One of the worst environmental disasters caused by humans, it is a consequence of the discharge of about two billion tons of untreated mining waste into the Ok Tedi from the Ok Tedi Mine.     The Pogust Goodhead delegation was able to highlight the parallels between the OK Tedi disaster and the Mariana dam collapse, particularly regarding BHP's attempts to stop justice from being done.      John described his experiences of litigating the case. He told the delegation how BHP was found in contempt of court for drafting legislation for the PNG government to criminalise the villagers and their lawyers for bringing their legitimate claims.     The delegation was struck by the stark similarity to BHP’s ill-fated attempt to fund a claim - to the tune of R$6 million (£850,000.00) - through the Brazilian Mining Association IBRAM, which asked the Brazilian Supreme Court to sever 46 Brazilian municipalities and prevent a significant number of claimants from participating in the English proceedings.     Following the discovery of their misdeeds, the English courts required BHP to sign a consent decree agreeing not to make any further payments to IBRAM related to the Supreme Court petition. If violated, BHP executives and Board members could face criminal and civil liability.     With John’s case on Ok Tedi, BHP eventually surrendered and paid $110 million to the affected people, set up a trust for them, agreed to dredge the river and undertook to examine ways of getting the tailings out of the river permanently.     Unfortunately, lessons were not learned and the Mariana dam disaster devastated Brazil in 2015. We go to court against BHP in London next week and the world will be watching.    

Last week, a delegation of our clients were in Canberra to visit the Australian Parliament. Ahead of the trial that starts in London next week, they were raising awareness of the Mariana dam disaster and BHP's horrific failure to do the right thing about providing full and fair compensation to the victims, nine years on from Brazil’s worst environmental disaster.     They met with MPs and Senators across the political spectrum as well as advisors to Madeleine King, the Minister for Resources, and Murray Watt, Minister for Employment and Workplace Relations.     Following his meeting with Maycon Krenak, leader of the Krenak people, and Thatiele Monic, leader of the Quilombola communities, senator Tony Sheldon took to the Senate chamber to speak out against BHP’s actions.     Senator Sheldon stated: “As a direct consequence of BHP's negligence, the residents of the communities surrounding the dam have seen their lives, livelihoods and communities destroyed.     After all that, you'd think that BHP would show some contrition. You might think that BHP would respond in good faith and support the people in these communities: the indigenous Krenak people, whose traditional lands have been annihilated, and the quilombola communities — quilombolas are the descendants of African slaves who resisted and survived slavery — which were destroyed.    But, instead, BHP has spent nine years trying to undermine and prevent justice. They've taken the James Hardie approach of fighting survivors for as long as possible, hoping they can outlast them.”