Município De Mariana v BHP Group (UK) Ltd & Anor [2026] EWHC 73 (TCC)

This judgment followed the Stage 1 trial in the group litigation arising from the collapse of the Fundao dam in Brazil, in which the court had made a number of findings against the defendants. The defendants applied for permission to appeal those findings.

Mrs Justice O'Farrell considered the proposed grounds and refused permission to appeal. She noted that the defendants remained entitled to seek permission from the Court of Appeal, and dealt with the timetable for any such application. The court's Stage 1 findings therefore stood.

The case is a procedural step in one of the largest group actions before the English courts, illustrating that a first-instance judge who has decided a lengthy trial will often leave the assessment of appeal prospects to the Court of Appeal rather than grant permission at first instance.

Mrs Justice O'Farrell held at paragraph 75: "For the above reasons, permission to appeal is refused".