Mass Tort brief
UK Mass Tort: High Court Clears Path for BHP Dam Trial as Privacy Suits Expand
London courts reject BHP's stay bid in a £36B dam lawsuit while Grindr settles privacy claims and developers target Apple.
Mass Tort
BHP failed to halt the £36B London lawsuit — ensuring the world's largest environmental group litigation proceeds toward trial in the High Court.
BackgroundThe 2015 Fundão dam collapse in Minas Gerais, Brazil, released toxic mining waste that killed 19 people and destroyed whole communities. Claimants brought group litigation in London against UK-linked parent entity BHP Group after years of stalled domestic remedies.
- The High Court scheduled an October hearing to resolve representation disputes between rival claimant law firms competing to manage the sprawling litigation.
- BHP faces financial exposure from over 400,000 Brazilian individuals, municipal councils, and indigenous groups seeking compensation for environmental destruction.
- The proceeding represents one of the largest environmental group litigation actions in UK legal history, testing London's appetite for cross-border corporate liability cases.
Mass Tort
Grindr's £26M settlement confirms UK collective privacy claims are securing substantial payouts — establishing a precedent for mass GDPR actions in London.
BackgroundGroup litigation was launched in London's High Court in April 2024 following regulatory fines in Europe over data protection breaches. The settlement was reached without admission of legal liability after two years of procedural sparring.
- The settlement resolves representative legal claims brought by UK law firm Austen Hays on behalf of thousands of affected application subscribers.
- Claimants alleged unlawful commercial disclosure of HIV status and precise location data to third-party ad networks without clear user consent.
- The agreement marks one of the largest mass data privacy settlements reached under UK GDPR provisions, opening the door for similar consumer group actions.
Mass Tort
UK app developers are leveraging competition class actions to challenge Apple's privacy controls — seeking £2B in damages for lost ad revenues.
BackgroundApple introduced App Tracking Transparency guidelines requiring third-party apps to seek explicit opt-in user consent before tracking user behavior. Developers allege Apple exempted its own advertising network from equivalent limits, tilting the ad market in its favor.
- The action is spearheaded by former CMA antitrust director Ann Pope on behalf of thousands of UK app developers who suffered revenue drops.
- Claimants argue discriminatory privacy enforcement depressed advertising revenue across UK app businesses while boosting Apple's internal ad operations.
- The litigation adds to ongoing CAT scrutiny over major platform fee structures and developer restrictions, expanding collective competition litigation in the UK.
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