An update for clients in the Mariana litigation in the English courts

Update

An update for clients in the Mariana litigation in the English courts

On 29 August 2026, the Client Committee for the Mariana litigation in England decided to appoint Bailey Glasser International (BGI) to take the case forward from Pogust Goodhead, on behalf of the clients it represents, which includes all the individual, indigenous and Quilombola claimants. Your claim continues in the hands of a dedicated team with many years’ previous experience on the case. BGI will also be supported by London-based law firm Hausfeld & Co LLP in conducting the litigation.

Bailey Glasser International · London
"Bento Rodrigues Saudades" - Bento Rodrigues, we miss you - written on a wall of the emptied village, July 2016.

In short

A summary of the position

An English claim

The claim is being pursued in the English courts against BHP over the 2015 collapse of the Fundão dam. The claimants won on proving BHP was liable for the collapse and are now preparing for a second trial in 2027 to prove what loss and damage was caused.

The Client Committee decision

The Client Committee, which represents most of the clients in the Mariana litigation in England, decided unanimously to appoint Bailey Glasser International in place of Pogust Goodhead. The decision was seen by the Clients’ Committee to be in the best interests of the claimants it represents.

Your claim continues

Your existing claim carries on. Nothing about your entitlement to compensation changes because of the change of legal team.

Nothing is required of you today

There is nothing you need to do right now. If anything is ever needed from you, we will tell you here and explain exactly what to do.

This page will be an authoritative source of information about the case. Please treat information circulating on social media with caution, as it may be misleading.

The scale of the affected area: the village of Bento Rodrigues, buried by tailings.

Who now acts for you

Bailey Glasser International

Bailey Glasser International is the firm that will now represent the vast majority of claimants in the Mariana litigation following the Client Committee's decision. The litigation will be led by a team with many years’ experience on the case and deep familiarity with the litigation. The firm is a joint venture with the US firm Bailey & Glasser LLP, and is supported in conducting the litigation in London by Hausfeld & Co LLP as co-counsel.

Profiles of the lawyers overseeing the case

Tailings reaching the Atlantic at the mouth of the Rio Doce, some 650 km downstream, in December 2015.

FAQs

What is the Client Committee?

The Client Committee is a body of client representatives set up under the Litigation Management Agreement (LMA) to take strategic decisions and give instructions on behalf of most of the clients in the Mariana litigation in England, including all individuals, indigenous and Quilombola claimants. Its authority comes from the LMA, a contract governed by the law of England and Wales that sits alongside the clients' fee agreements. The Committee is made up of representatives drawn from the different categories and regions of affected people. Members' identities are kept confidential to protect their independence when taking decisions.

What did the Client Committee decide?

On 29 August 2026, the Client Committee decided to bring the client group's relationship with Pogust Goodhead to an end and to appoint Bailey Glasser International. The change in legal representation was supported by a unanimous decision of the Client Committee.

What is the effect of the Client Committee's decision on my case?

Under the governing contracts (the Litigation Management Agreement (LMA) and the Collective Conditional Fee Agreement (CCFA)), the Committee was advised that it has authority to take this decision on behalf of its client group. In practical terms, your claim continues; only your legal representation changes, moving to Bailey Glasser International, with the support of Hausfeld & Co LLP.

Who do the Client Committee act for?

The Committee acts for individual claimants, indigenous and Quilombola communities, religious institutions, and businesses retained under the Collective Conditional Fee Agreement (CCFA). That represents the vast majority of claimants in the English action.

What about claimants who are not represented by the Client Committee?

Some claimants hold their own separate representation agreements, for example municipalities, utility companies, and businesses retained under a Damages Based Agreement. For such claimants, the committee’s decision will not apply.

Who is Bailey Glasser International?

Following the Client Committee's decision on 29 August 2026, Bailey Glasser International is the firm that will represent the vast majority of claimants in the Mariana litigation. The firm is a joint venture with the US firm Bailey & Glasser LLP, and is supported by Hausfeld & Co LLP in London with conducting the litigation.

Bailey Glasser International is a trading name of Edward McCourt & Company LLP, which operates in London as a limited liability partnership registered in England and Wales under company number OC421154, and is authorised and regulated by the Solicitors Regulation Authority under SRA number 647685. Bailey Glasser International is not registered to practise law in Brazil.

Who will be handling my case?

Your case will be handled by an experienced legal team that includes lawyers with many years’ experience on the case and deep knowledge of the litigation. Bailey Glasser International is supported in conducting the litigation in London by Hausfeld & Co LLP.

See the profiles

What do I need to do now?

For now, there is nothing you need to do immediately, and your existing claim in England will continue.

Will I need to provide information to Bailey Glasser International?

You may be asked to confirm or update some contact and case details. Any information you give will be collected securely and with your consent. We may also be able to obtain relevant information directly from Pogust Goodhead.

Will the change cost me anything?

No. There is no cost to clients arising from the transition. As before, you will only pay fees if the case is successful.

Where should I get reliable updates?

From this webpage, which is currently the authoritative source of information about the case. To the extent possible, we will also communicate all relevant information to your lawyers in Brazil.

Does this affect the progress of the case?

No. Your existing claim continues. The team’s priority is continuity for the claimants. Changing the firm that has conduct of the case does not reset or restart the proceedings.

What is the status of the case?

The English High Court found BHP liable for the disaster in November 2025, and in May 2026 the Court of Appeal refused BHP permission to appeal, so the finding on liability can no longer be challenged. The case is now in the phase that deals with issues of causation, loss and damages (quantum), and the trial on these matters is listed to begin in April 2027 and to run until March 2028.

Could the change of firm put my claim or my compensation at risk?

No. The claim continues, and the transition is designed to protect it. The decision was seen by the Client Committee to be in the best interests of the claimants it represents.

What about clients party to the proceedings in the Dutch courts against Vale S.A.?

The proceedings in the Dutch courts against Vale S.A. and Samarco's Dutch subsidiary are a separate matter from the English litigation against BHP that this webpage concerns. The Client Committee's decision does not relate to the clients in the Dutch proceedings.

Information only

Ask the assistant

Answers drawn only from the information on this page. If it is not here, the assistant says so.

Contact

If you need to reach us

Write to us by email. Please give your full name and, if you have one, your claim reference, so that we can find your file.

This address is for clients of the English Mariana claim. You can write in Portuguese or in English.

contato@bgicasomariana.com

Further information will be sent to clients over the next few days. You do not need to write to us to receive it.

Notices

Bailey Glasser International is a trading name of Edward McCourt & Company LLP, which operates in London as a limited liability partnership registered in England and Wales under company number OC421154, and is authorised and regulated by the Solicitors Regulation Authority under under SRA number 647685. Bailey Glasser International is not registered to practise law in Brazil. Edward McCourt & Company LLP operates under a commercial cooperation agreement with the separate and independent U.S. limited liability partnership of Bailey & Glasser, LLP, which is organised under the laws of the State of West Virginia, USA.

The content of this website is provided for general information purposes only. It does not constitute legal advice and should not be relied on or treated as a substitute for specific advice tailored to your circumstances. Nothing on this website creates a solicitor-client relationship, and no such relationship arises unless and until we have confirmed in writing that we are able and willing to act for you.

Your privacy is important to us. We comply with the UK General Data Protection Regulation, as read with the Data Protection Act 2018, with the EU General Data Protection Regulation where we process the personal data of individuals in the European Union, and with the Brazilian Lei Geral de Proteção de Dados.

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