Pogust Goodhead

⚖️ At the end of November, criminal lawyer MARCELO TURBAY FREIRIA travelled to London to attend discussions regarding the participation of municipalities in the Mariana case in the English courts.     Speaking directly outside the court, he expressed a very positive outlook on the English claim:     🗣️ "Given all that has been demonstrated in the proceedings, the evidence produced, and the expert opinions provided, the outlook is very good. We are confident and steadfast in our belief that we will succeed in this case".     Alongside individuals, indigenous and quilombola communities, businesses and faith-based institutions, municipalities affected by the Fundão dam collapse are also claimants in the Mariana case.     They are seeking compensation for the damages and losses caused by the Fundão dam disaster through specific heads of loss based on the harm each has suffered.     “This voluntary initiative by the mayors to be here representing their municipalities is crucial for understanding the complexity and significance of this case for Brazil and for dozens of Brazilian municipalities,” stated Turbay.     ➡️ Watch the video below to learn more. 

✨ As we approach the end of another year, we at Pogust Goodhead would like to take a moment to reflect and express our gratitude.     2024 has been a year of dedication and progress in our fight for justice and accountability.     From representing over 620,000 victims in the Mariana case in the English courts to advocating for those impacted by environmental disasters, corporate negligence, and human rights violations, our commitment to making the world a better place remains unwavering.     💪 This season, we celebrate not only the holidays but also the resilience of the communities we stand alongside and the incredible support from our clients, partners, and team.     🤝 Together, we continue to push boundaries and challenge injustices to bring about meaningful change.     Here’s to a season filled with hope, renewal, and the shared mission of building a brighter future. 

At the end of November, Brazilian criminal attorney Antônio Carlos de Almeida Castro, also known as Kakay (Almeida Castro, Castro e Turbay Advogados Associados ), participated in discussions about the involvement of municipalities in the Mariana case in the English courts. Speaking directly outside the court in London, Kakay commented on the Brazilian decision that acquitted BHP of any criminal conviction: “To say there was an acquittal because no crime was committed is false. Nobody claims there was no crime. I think it’s evident that a crime occurred.” Kakay also emphasised the significance of the case before the English courts and expressed confidence in an imminent favorable outcome. “The conviction here in London will not only come as it must – with a ruling expected by June – but it will also involve amounts much higher than those being negotiated in Brazil through this repactuation”. It’s important to remember that, along with individual claimants, municipalities impacted by the collapse of the Fundão dam are also part of the Mariana case in the English courts. Watch the video above to see the full testimonial.    We stand together in the fight for justice! 

In late November, José Eduardo Cardozo, lawyer and former Minister of Justice of Brazil, attended the beginning of legal discussions regarding the participation of municipalities in the Mariana case in the English courts. Attending the trial in London, the jurist emphasised the importance of including municipalities in the English claim, arguing that justice must transcend territorial boundaries, particularly in an increasingly globalised world. “Globalisation cannot mean profit, yes, and justice, no. For this reason, I believe this case highlights the need to increasingly affirm that those who violate human rights and the environment must be held accountable for their actions in any country in the world”, stated Cardozo. Watch the video above. We stand together in the fight for justice! 

At the end of November, Tom Goodhead, CEO and Managing Partner of Pogust Goodhead, alongside mayors from municipalities affected by the Fundão dam collapse, attended the court in London.    They came together to observe the discussions in the English courts regarding the right of Brazilian municipalities to sue BHP in the UK.    In the video above, Tom Goodhead explains how the discussion is unfolding in the English court and highlights BHP’s legal warfare strategies.     🤝 According to the CEO, the Mariana case in the English courts is a prime example of people power. Communities, whose resources are exploited by large corporations, have united in this historic claim to seek redress for the damages caused by negligent business practices.     The trial is moving full steam ahead, and we remain united in the fight for justice! 

Our Chairman Harris Pogust has stepped down from his position after six successful years at the helm. Harris ceased any active involvement in the UK in March and is now retiring from his position as Chairman of the global law firm. Harris has set up a charitable foundation in the US and will also continue with his American law firm. He has played a crucial role in building Pogust Goodhead into one of the world's leading group litigation firms with cases for millions of victims of corporate malpractice. Pogust Goodhead Global Managing Partner and CEO Thomas Goodhead said: “Without Harris, founding this firm would never have been possible. He has played a fundamental part in getting us to where we are today. I cannot thank Harris enough for everything he has done for me personally, for the firm and for our clients. Harris’ generosity of spirit, his constant encouragement and support to myself and everyone in the team have been invaluable. Thanks to him we are taking on some of the biggest companies in the world to make a difference to the lives of millions of people. Harris has had an extraordinary career and while he is retiring from his role as Chairman, we know he will continue to use any means necessary to help improve real people’s lives through his new charitable foundation and his US law firm." Harris Pogust said: “Over the past six years we have built Pogust Goodhead into the world’s premier group litigation firm. We have helped defend the rights of those who cannot defend themselves against the misdeeds of big business. “At this time in my life, I want to devote more time and energy to my philanthropic endeavours including a charitable organization we have just launched to assist children all over the world reach their fullest potential, their hopes and their dreams. Throughout my career I have been lucky enough to visit communities and make friends all over the world. I have increasingly felt pulled to focus my search for justice and fairness on helping children who are disadvantaged and lack the basic resources to access education. “I look forward to watching Tom lead the firm for many more years and obtain success on behalf of millions of people who would otherwise not have access to justice.”

In October, Pogust Goodhead proudly hosted an event to welcome Brazilian master’s students who had recently arrived in the United Kingdom.     The session offered a unique opportunity to introduce the students to the landmark Mariana case in the English courts and share insights into other important claims that reflect our commitment to environmental justice and corporate accountability across Europe and the Americas.     The event served as a platform for knowledge exchange and engagement with the next generation of legal and environmental professionals.     By exploring the complexities of cases like Mariana, our team demonstrated how international litigation can play a crucial role in addressing large-scale injustices and ensuring that the voices of those impacted are heard on the global stage.     At Pogust Goodhead, we believe in the importance of building connections with emerging talent and fostering discussions that inspire positive change.     We are grateful to all the students who joined us for their enthusiasm and thoughtful questions, and we look forward to continuing these important conversations.     Together, we can change the world, one case at a time. 

On Monday, 25 November, Pogust Goodhead participated in the seminar “Transnational Litigation and Pathways to Justice for the Mariana Dam Disaster” at the London School of Economics and Political Science (LSE).     The panel was moderated by Professor Veerle Heyvaert from LSE’s Law School and featured Thomas Goodhead, CEO and Managing Partner of Pogust Goodhead, José Eduardo Cardozo, former Minister of Justice of Brazil, Antônio Carlos de Almeida Castro (Kakay), and MARCELO TURBAY FREIRIA, both experts in Brazilian criminal law.     For Tom Goodhead, “this case [of Mariana in the English courts] is effectively a way for people — ordinary people, those living along the municipalities of the Rio Doce, members of Indigenous and traditional communities — to fight against these companies where they obtain their profits and make their decisions.”     Former Minister Cardozo sharply criticised the lawfare strategies employed by companies like BHP to delay justice for victims of environmental disasters.     “They say the claim in England represents undue interference by the English justice system in Brazilian matters, when in fact, this is utter nonsense. The principle of jurisdictional immunity exists to protect individuals from being prosecuted in another country, not to prevent Brazilians from suing a foreign company that caused damage in Brazil” he explained.     Criminal lawyer Kakay also highlighted that the criminal acquittal of mining companies BHP, Vale, and Samarco for the Mariana Dam collapse in Brazil underscores the frustration of victims and civil society in seeing the country’s largest environmental crime go unpunished.     Marcelo Turbay also noted that the Mariana Case in England is driving discussions on implementing compliance mechanisms for environmental disasters in Brazil.    We extend our thanks to LSE, Professor Heyvaert, and all the esteemed panellists for facilitating this important discussion. 

In an article published by the Law Gazette in early November, the Mariana case in the English courts is highlighted as highly relevant to the climate litigation landscape in the UK.     According to the publication, while the case is not necessarily climate-related, it has the potential to establish liability in the UK for events occurring in emerging markets.     Our Partner and Chief Investment Officer (CIO), Ana Carolina Salomão Queiroz, emphasised: “The importance of this case is unparalleled, especially because it will, I strongly believe, mark England’s position as the court of the world for transnational litigation.”     Access the link below to learn more about the impact of climate litigation:

Last Thursday, Pogust Goodhead proudly supported and co-hosted a pivotal discussion on the intersection of Indigenous rights and climate justice at the first edition of the G20 Social, alongside Instituto Ação Climática and Hotta Advocacia em colaboração com o Pogust Goodhead.      Under the theme “Guarding the Earth, Protecting the Climate”, the session featured powerful testimonies from Indigenous leaders like Yuri Pataxó and Maycon Krenak, chief of the Krenak Borum Ererre village, who highlighted the severe challenges their communities face due to climate change and environmental racism.     The discussion also featured researchers who emphasised the critical role of Indigenous territories in curbing deforestation while underscoring the harsh impacts of climate change on these communities.     Felipe Hotta, Partner at Pogust Goodhead and Chairman of Hotta Advocacia, took the stage to call attention to the alarming frequency of environmental crimes targeting Indigenous peoples. He detailed how these injustices not only threaten their health but also erode their cultural heritage and way of life.     At Pogust Goodhead, we are committed to amplifying the voices of vulnerable communities and advocating for their rights on the global stage.     Together, we strive for a future where Indigenous voices are heard, respected, and protected.