Pelvic organ prolapse (POP), a condition whose development is shaped by both genetic and clinical risk factors, significantly impairs women’s quality of life, yet genetic insights into non-European populations and comprehensive risk…
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UK court’s decision on BHP dam collapse a ‘significant landmark in mass action litigation’
The High Court found that BHP knew or should have known that “internal drainage of the dam was inadequate to prevent saturation” and was “directly and/or indirectly responsible for the activity of Samarco in owning and operating” the dam. BHP has already paid out billions of pounds in compensation as the result of the collapse and has signalled that it intends to appeal the decision.
The decision, unless successfully appealed by BHP, will progress a claim on behalf of 620,000 alleged victims, seeking up to £36 billion (approx. US$47.3bn) in compensation and proceed to trial.
Jacqueline Harris, an expert in commercial litigation, said: “Despite the disaster happening almost 9,000km away, the claimants were entitled to bring the action in the High Court in London because, at the time, BHP UK and BHP Australia operated as a dual listed company with one of those listings being on the London Stock Exchange.”
“The court’s role was to determine liability under Brazilian law, not English law. To allow them to do so, it heard from experts on Brazilian law. The English Court then determined the facts of the case and applied Brazilian law as they understood it from this expert evidence,” she said. “Although the case provides little by way of insight into the law of England and Wales, it is still a significant landmark in mass action litigation.”
BHP UK and BHP Australia were sued as the parent company of BHP Brasil Ltd. BHP Brasil owned 50% of Samarco, which owned and operated the Mariana dam. Samarco’s governance structure ensured that BHP’s “interests were always represented” and Samarco was “subservient to the will of BHP”, according to the court.“BHP and Vale membership of the committees and sub-committees established by the Samarco Board ensured that BHP, through BHP Iron Ore and the Iron Ore Brazil team, were involved in the activities of Samarco at every level, from strategic decisions and dividend shares to detailed operational matters,” the court said in its decision.
BHP was also found to have assumed responsibility for “risk assessment, control, mitigation and management within the BHP Group and specifically within Samarco”, alongside exercising “control over Samarco’s activities, including its short and long-term strategy, investments, production, financial and technical risk assessment and management through the audit process, funding arrangements and the payment of dividends”.
Katie Hancock, an expert in environmental litigation, said “The case is a prime example of how a parent company’s listing in England could result in claims being brought against it for the actions of its subsidiaries.”
“There were concerns that size of this claim and the number of claimants may not be suitable for the English court system, but proponents of mass claims are expected to point to this case as a procedural success which may encourage new claims to be brought,” she said.
“The judgment is one of a number currently going through the courts which look to establish parent company liability for the actions of their subsidiaries.”BHP was held to be directly and indirectly responsible for the polluting activity, being the storage of iron ore tailings. There were “obvious signs of contractive, saturated tailings and numerous incidents and seepage and cracking” prior to the collapse.
Harris said: “Although establishing control in the context of the Brazilian civil code, the judgment is significant in discussing the considerations it considered relevant to establishing that control. This included BHP’s involvement in operational management activities and the setting of corporate objectives for Samarco.”
“The claimant’s success in this action is a significant marker. It will undoubtedly encourage the further use of London as a forum in which to sue parent companies for the actions of their subsidiaries,” she said.“Pending outcome of any appeal process, the result of the subsequent damages trial will be watched keenly to understand the extent of compensation the court is willing to award.”
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Planning ahead is best flooding advice
Cumberland Council is urging residents to be well informed and well prepared when it comes to potential flooding.
It is sharing how it works with partners to prepare for and respond to severe weather, and how communities can ready themselves.
When…
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Dyslexia helped me process options faster
Sarah Julian,BBC Radio WMand
Andrew Dawkins,West Midlands
Alex Livesey – Danehouse/Getty ImagesJoleon Lescott said dyslexia had also helped him with the “way I process things”. “I was deemed one of the slow students, so obviously going into my…
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Rethinking Engagement with Frontline Communities
Editors’ Highlights are summaries of recent papers by AGU’s journal editors.
Source: Community Science
Frontline communities are commonly described as groups most affected by environmental and social challenges. Marston et al….
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Maternal and neonatal outcomes of second-generation mothers in Europe: a systematic review | Globalization and Health
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Windows 11's File Explorer Will Soon Be Faster, Easier to Navigate – PCMag
- Windows 11’s File Explorer Will Soon Be Faster, Easier to Navigate PCMag
- Announcing Windows 11 Insider Preview Build 26220.7271 (Dev & Beta Channels) Windows Blog
- Microsoft releases Windows 11 Insider Preview Build 26220.7271 with new context…
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Trump wants to revive the Rush Hour franchise. Is he eyeing a return to Hollywood? | Film
It is said that by 328BC, having made empires kneel to him, Alexander the Great wept … for there were no more worlds to conquer.
Similarly, having solved the Middle East and Ukraine issues with only a couple of technicalities to iron out and put…
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Adviser to Iranian supreme leader set for ‘unprecedented’ Pakistan visit
Ali Larijani, former chairman of the parliament of Iran, attends a press conference after meeting Lebanese Parliament Speaker Nabih Berri in Beirut, Lebanon November 15, 2024. — Reuters - Iranian envoy says visit…
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Marquette Men’s Tennis Adds Three to 2026 Signing Class
The Marquette men’s tennis program is thrilled to welcome Alex Thomas, Chad Anderson, and Even Solheim to the 2026 roster.
Solheim comes to MU from Oslo, Norway and is planning on majoring in Finance. A standout in Norway’s club tennis system,…Continue Reading
