Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales): Procuring or funding foreign anti-suit relief not criminal contempt; BHP defeats contempt claim in Brazilian dam litigation

Published on: 19 March 2026

Published by a Law360 reporter

Legal News

Article summary

The Court of Appeal ruled that BHP would not have to face a claim for criminal contempt of court brought by a group of Brazilian municipalities, holding that BHP could not be in contempt for seeking anti-suit relief from an overseas court.

In a unanimous written judgment of three justices, Lord Justice Andrew Popplewell confirmed that asking a foreign court for lawful anti‑suit relief cannot be criminal contempt simply because it risks disrupting proceedings already on foot in England. Anti‑suit injunctions are intended to restrain litigation in other jurisdictions, and the moment BHP chose to pursue such relief did not transform permissible action into contempt. As he explained, if procuring the claim at the outset would not, as a matter of principle, amount to criminal contempt — as is rightly accepted — mere timing cannot alter that conclusion.

BHP’s appeal targeted a decision of Judge Adam Constable, who had ruled in the High Court in June 2025 that BHP Group should face allegations it was seeking to impede the municipalities’ access to justice in England by supporting litigation in Brazil’s highest court...

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