Alinia: Important win for our clients
Pogust Goodhead (PG) has claimed the first victory in its battle for control of the Mariana Dam litigation after the High Court rejected a request for stay by the solicitors looking to take it over.
The class action firm reported on Friday that the court decided the litigation will continue on its existing timetable towards the quantum trial, scheduled for April 2027, notwithstanding its dispute with Bailey Glasser International (BGI) over who is representing the claimants.
The court also directed that the representation dispute be determined at an expedited hearing on 5 and 6 October and rejected BGI’s calls for that hearing to be held in private.
An extraordinary row burst into the public domain earlier this month when BGI – a new joint venture between an English law firm run by former PG staff and US firm Bailey & Glasser – announced that the client committee had decided to change solicitors [1].
Last week, PG said it was seeking a court declaration [2] that would deny the legality of the notice purporting to terminate its retainer. It represents more than 400,000 claimants in the litigation against BHP over the 2015 collapse of the Fundão dam.
PG said it argued in court that a stay would risk delaying the quantum trial and further postponing compensation owed to claimants who have waited over a decade for justice.
“The court agreed, refusing BGI’s application and ordering that any necessary extensions to the timetable be resolved, if required, through specific case management applications rather than a blanket halt to proceedings,” a statement said.
Alicia Alinia, PG’s chief executive, said: “The ruling is an important win for our clients. The court has rejected any attempt to delay this litigation and confirmed that the timetable towards justice remains intact.
“After almost 11 years, our clients deserve clarity, not delay and this decision ensures that the question of representation will be resolved quickly, and in public, exactly as it should be.”
We have approached BGI and the client committee for comment.