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

Question 1

What is the Client Committee?

Accepted Answer

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.

Question 2

What did the Client Committee decide?

Accepted Answer

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.

Question 3

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

Accepted Answer

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.

Question 4

Who do the Client Committee act for?

Accepted Answer

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.

Question 5

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

Accepted Answer

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.

Question 6

Who is Bailey Glasser International?

Accepted Answer

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.

Question 7

Who will be handling my case?

Accepted Answer

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.

Question 8

What do I need to do now?

Accepted Answer

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

Question 9

Will I need to provide information to Bailey Glasser International?

Accepted Answer

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.

Question 10

Will the change cost me anything?

Accepted Answer

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

Question 11

Where should I get reliable updates?

Accepted Answer

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.

Question 12

Does this affect the progress of the case?

Accepted Answer

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.

Question 13

What is the status of the case?

Accepted Answer

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.

Question 14

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

Accepted Answer

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.

Question 15

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

Accepted Answer

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.

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