Brazilian claimants involved in the largest group legal action in Britain have shifted their legal representation from the London-based law firm Pogust Goodhead to US firms Bailey Glasser and Hausfeld. The case centers on the collapse of the Mariana dam in Brazil's Minas Gerais state in 2015, a disaster that released an estimated 40 million cubic meters of toxic waste, devastating local communities and contaminating some 400 miles of waterways along the River Doce.
Bailey Glasser, headquartered in West Virginia with offices in New York, Chicago, and Los Angeles, announced that it now represents the vast majority of the approximately 400,000 remaining claimants. Its involvement is primarily on behalf of indigenous and Quilombola claimants. The decision to change legal teams followed discussions between the so-called client committee and Pogust Goodhead regarding the management of the ongoing litigation.
Pogust Goodhead was initially engaged to represent over 620,000 claimants suing BHP, the world’s largest mining company, and its joint venture partner, owners of the dam. However, many claimants have since accepted compensation provided under a government-supervised scheme in Brazil and dropped out of the London High Court case. A London judge ruled in 2025 that negligence by BHP was responsible for the disaster, a finding BHP has vowed to challenge through an appeal. A separate trial to determine the amount of damages is scheduled to start soon and could continue until 2028.
Bailey Glasser called the timing appropriate to install new legal representatives and acknowledged Pogust Goodhead’s role in securing the liability ruling. The client committee’s switch comes shortly after Pogust Goodhead secured a $150 million (approximately £110 million) litigation funding agreement with Gramercy, supplementing an earlier $85 million arrangement.
Pogust Goodhead expressed concerns about the transfer of representation, warning that claimants risk losing their no win, no fee insurance protection, which was arranged with the assumption that Pogust Goodhead would act for the clients in the proceedings. A firm spokeswoman stated that Pogust Goodhead remains the solicitor of record and continues to act in the best interests of the claimants.
The firm’s difficulties have been compounded by the departure of its founder, barrister Thomas Goodhead, last year following an internal investigation into allegations that litigation funds were misused on private jets and yacht parties in South America. Goodhead has consistently denied these allegations. The legal battle over the Mariana dam disaster remains a significant and complex case involving environmental destruction, corporate liability, and extensive group litigation across jurisdictions.