Law 360 quotes Caroline Greenwell on the BHP dam case and legal risks for UK businesses
min readA landmark ruling holding mining giant BHP liable for a catastrophic dam collapse in Brazil signals the English courts' growing readiness to hold U.K.-based multinationals to account for harm overseas.
Caroline Greenwell, Dispute Resolution Partner, comments for Law 360 on the significance of the case and legal risks for UK businesses:
This isn't a one-off. There have now been a number of decisions grounding parent company liability here — and BHP is the first where that early jurisdiction decision has actually carried through to a final trial.
"The English courts have demonstrated willingness to take jurisdiction over disputes where claimants seek to hold English companies liable.
"Where the court can see a sufficiently high level of supervision, engagement or control — even funding lines — between the parent and the entity committing the wrongs, it seems prepared to reach across borders.
Read the full piece in Law 360 here (subscription required).
