Fiona Horlick KC and Charlotte Elves successfully resist strike out of contempt application brought in £36bn Mariana Dam Claim

Fiona Horlick KC and Charlotte Elves act for the Municipality Claimants (MCs) in a contempt application arising out of Município De Mariana v BHP Group (UK) Limited & Ors [2025] EWHC 1601 (TCC). The case is currently litigated before the Technology and Construction Court, following the collapse of the Fundão Dam in 2015.

The Contempt Application was brought in October 2024, alleging that the Defendant mining corporation had interfered in the due administration of justice by procuring and funding a claim before the Brazilian Constitutional Court with the aim of removing the MCs access to the English Courts in the ongoing proceedings.

The Defendant sought strike out on the basis that the Contempt Application:

1. Was an abuse of process because (i) it is an abusive attempt to relitigate matters that were disposed of by the Consent Order (contrary to the Rule in Henderson v Henderson); (ii) does not serve the public interest; and (iii) the MCs are not appropriate guardians of the public interest; and
2. The Contempt Application discloses no reasonable grounds for bringing criminal contempt proceedings. As to the second ground, BHP argued, inter alia, that a contempt application cannot be brought in respect of matters properly falling with the courts Anti-Suit Injunction.

Following a one-day hearing, Constable J, accepting the arguments made on behalf of the MCs, dismissed the application for strike out. The full judgment can be read here.

The Contempt Application will now continue on to be listed for a full hearing before the Division Court.

The judgment sets out a useful analysis of the relationship between the courts ASI and contempt jurisdictions and the contours of the ‘guardian of the public interest’ requirement in criminal contempt proceedings brought by private applicants. It also provides guidance on the relationship between application notices and supporting affidavits in contempt applications in the context of strike out applications.

Fiona and Charlotte (acting with Professor Andrew Higgins) are instructed by Pogust Goodhead. They are sought after contempt practitioners regularly acting for both claimants and defendants.

Find out more

To find out more about Fiona, click here or contact Andy Hunter on +44 (0)20 7427 4905 for a confidential discussion.

To find out more about Charlotte, click here or contact Lexie Johnson on + 44 (0) 207 427 0801 or Dave Lovitt on +44 (0)207 353 6381 for a confidential discussion.

News 26 Jun, 2025