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Da Silva and others v Brazil Iron Limited [2025] EWHC 606: communities can sue in England for environmental damage

Posted: 17/03/2025

On 14 March 2025, Mr Justice Bourne gave judgment in Da Silva and others v Brazil Iron Limited and another [2025] EWHC 606 (KB). The claimants live in the vicinity of an iron ore mine in Bahia, Brazil, indirectly owned by two English companies and which they allege is causing damage to them and the local environment.

Dismissing the English defendants’ jurisdiction challenge, Mr Justice Bourne agreed with the claimants’ arguments that there was a real risk that, due to the nature of the case, they would not obtain justice if required to sue in Brazil as it would not be viable to pursue the claim there. On that basis, he held that the claims should proceed in England.

A copy of the judgment can be downloaded here.

Alistair Mackenzie, instructed by Leigh Day, appeared for the Claimants together with Richard Lord KC. Alistair is a leading junior in group litigation and jurisdictional disputes.

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