The recent BHP judgment raises numerous issues, both as to future class actions generally, but also as to the positioning of the courts of England and Wales in the uncertain post Brexit world.
The matter relates to the collapse of the Fundão Dam in Brazil in 2015 and the resulting contamination and damage caused to Rio Doce. The High Court struck out claims brought by more than 200,000 Brazilian claimants (including individuals, businesses, churches, utility entities and others) against British and Australian holding companies.
