Partner Ben Wolfe has provided comment in The Law Society Gazette, ICLG News, and New Law Journal on the High Court’s recent judgment which found mining company BHP liable under Brazilian law for the Fundão dam collapse in 2015.

Commenting on the Court’s decision, Ben said: “Although based on Brazilian Law, this judgment is notable in that it is one of the largest group actions ever brought before the English courts. In addition to the human tragedy, it offers a stark reminder that parent companies and investors can be found liable in England for events and environmental failures that occur on overseas projects – even where assets are operated through joint ventures and local subsidiaries.”

Noting the implications of the decision on investors, Ben said: “The Court’s findings on foreseeability and duties of oversight significantly expand the potential exposure of large multinational groups. For infrastructure investors, the message is clear – governance, risk management and safety are not just operational issues, they are legal liabilities that can reach the top of the corporate chain and can have an enormous impact on the balance sheet.”

Ben’s comments were published in The Law Society Gazette, ICLG News, and New Law Journal, 14 November 2025.