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The High Court in London on Wednesday rejected BHP Group Ltd’s application for an anti-suit injunction that sought to block the latest move by class action firm Pogust Goodhead in ongoing litigation over the 2015 Fundao dam collapse in Brazil. Pogust Goodhead noted the court found no basis to characterise Pogust Goodhead’s use of Section 1782 to seek a deposition of Andre de Freitas, former chief executive of the Renova Foundation, as vexatious, oppressive, or unconscionable, as argued by mining group BHP. In November 2024, Pogust Goodhead filed the Section 1782 application in the District Court of Arkansas seeking limited testimony from de Freitas in relation to Pogust Goodhead’s claim arguing that BHP unlawfully interfered with Pogust Goodhead’s retainer rights and the compensation due to its Brazilian clients. The US court granted the subpoenas in January 2025. Since then, BHP has sought to block the deposition by filing motions to quash the subpoenas in April 2025 and seeking an ASI in the High Court, Pogust Goodhead noted. A ruling from the Arkansas court is pending. In Wednesday’s judgement, Justice Waksman rejected BHP’s request for an injunction that would have halted the US evidence-gathering process, finding no basis to prevent Pogust Goodhead from continuing with its Section 1782 discovery efforts. Justice Waksman wrote: ‘I agree with PG that the depositions serve a distinct and legitimate purpose, being to better understand Renova’s role in relation to the various settlements and their form.’ Alicia Alinia, chief executive at Pogust Goodhead, commented: ‘We welcome the court’s clear judgment. BHP has repeatedly attempted to obstruct legitimate investigations into its conduct. ‘Mr de Freitas’s testimony is central to understanding how our clients’ rights may have been undermined. It is essential that he gives evidence. Only by hearing directly from those involved can our clients’ rights be properly safeguarded and the full truth established.’ Shares in BHP were up 0.2% at 2,175.00 pence each in London on Thursday. Copyright 2025 Alliance News Ltd. All Rights Reserved.
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