The English High Court has dismissed BHP Group's claim for an anti-suit injunction against PGMBM Law Ltd, trading as Pogust Goodhead, in a significant decision addressing the use of U.S. discovery procedures in support of English litigation.

Orrick acted for Pogust Goodhead in responding to BHP's anti-suit injunction claim, which was dismissed in December 2025.

THE COMPANIES

Pogust Goodhead is a firm of solicitors representing approximately 613,000 claimants in English proceedings against BHP relating to the 2015 collapse of the Fundão dam in Brazil.

BHP Group is a global mining company that has faced litigation regarding the Fundão dam collapse. In summary:

• Pogust Goodhead sought to use Section 1782 of the U.S. Code to obtain pre-action testimony from a key witness in connection with potential claims against BHP.
• After engaging with U.S. court proceedings for several months, BHP then sought parallel relief in England.
• BHP attempted to block the U.S. discovery proceedings by seeking an anti-suit injunction in the English High Court.

THE IMPACT

The decision provides critical guidance on when English courts will grant anti-suit injunctions to restrain Section 1782 proceedings. The court confirmed that taking advantage of foreign discovery procedures is not automatically unconscionable, even when no equivalent procedure exists in England and Wales.

The ruling clarifies that parties bear a high burden to obtain anti-suit injunctions and that engaging substantively in U.S. proceedings, and delay in applying for relief in England, will weigh heavily against granting an anti-suit injunction.

THE TEAM

Orrick's team is led by Mark Beeley and Adam Rizzo and includes David Shipton, Chris Lippert and Harry Wilson.

LEARN MORE

• Read our analysis of the case
• Read More Orrick Client Results