Tragedy in the Marianas: Inquest to begin in England on Monday (21).

The trial in a British court will begin on Monday, October 21, to determine whether Anglo-Australian mining company BHP Billiton is responsible for the Fundao Dam collapse tragedy that occurred in the Marianas (MG) on November 5, 2015. The dam is owned by Samarco, a mining company A joint effort between BHP Brazil and mining company Vale. The trial is expected to last until March 5, 2025.

Trial hearings begin with opening statements from lawyers for both sides. The first phase of the trial is expected to last four days. Over the next three weeks, BHP Brazil witnesses will be questioned. Both the company and the legal entity can ask questions on issues such as BHP’s level of control over the dam, its safety and its behavior after the collapse.

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The next step will be an opportunity for experts in environmental, corporate and civil liability law, invited by law firms BHP and Pogust Goodhead (PG), to explain to the British judge how Brazilian laws work.

After a year-end break, the hearings will resume over four days in January, with experts in the geotechnical field examining the technical details of the incident to explain to a British judge. The hearings conclude with oral arguments by lawyers for the plaintiffs and BHP taking place between February 24 and March 5. The judge is expected to take three months to issue his decision.

The information comes from the PG office, which represents 620,000 people, 46 municipalities and 1,500 companies affected by the dam collapse in the proceedings at London’s Technology and Construction Court.

At this stage of the process, according to the PG, there is still no definition of the compensation amounts, which should only happen later if BHP takes responsibility, but the Office Committee is assessing the amounts to be paid to the victims of the breach. Varies by about R$230 billion.

According to the law firm, if BHP wants to reach a settlement with its customers, it can do so at any time before or after a trial in a British court.

The office argues that mining giant BHP Billiton should be held liable because it was Samarco’s controller and, therefore, responsible for its business decisions, as well as a beneficiary and financier of the disastrous mining operations.

In NoticeBHP said last week that the United Kingdom’s move duplicates and undermines efforts underway in Brazil.

“BHP denies the allegations relating to Samarco’s position of control and has always been a company with independent operations and management. We continue to work closely with Samarco and Vale to support the ongoing compensation and redress process in Brazil.

The mining company characterized the collapse of Samarco’s Fundo dam as “a tragedy” and said it had “deep solidarity with the affected families and communities”.

Brazilian company Vale, BHP’s partner in Samarco, is not a defendant in the case pending in the British courts. But the agreement between the two companies says that if BHP is found guilty, each will bear half the cost of these future reparations.

Another lawsuit was filed by PG against Vale in the Dutch courts because the Brazilian mining company has a subsidiary in the Netherlands. PG said compensation agreements signed in Brazil involving mining companies, the union and the governments of Minas Gerais and Espirito Santo will not affect international processes.

Attacked by dams

The People’s Movement for Dams (MAB) has launched an inquiry directly from London. On a side note, the test comes nearly ten years after the Fundão Dam collapse, which killed 19 people and spewed tons of toxic sludge over a distance of nearly 700 km, reaching from the interior of Minas Gerais to the Atlantic Ocean. Espirito Santo, the case is now being tried in the United Kingdom.

“The victims of the dams represented by MAP have the hope that, at this time, the justice system in London, in fact and in law, will be fair and responsive to the events, and that it will punish the companies responsible for this crime. There is no historical precedent in people’s lives and the environment, its consequences and the lives of victims and The damage to the environment will be ongoing and will last for many years,” the note said.

Brazil Agency.