The client committee that represents the more than 400,000 claimants in the Mariana Dam litigation has sought permission to appeal the High Court judgment in its claimant representation dispute with PGMBM, formerly Pogust Goodhead, after the High Court ruled in favour of PGMBM earlier this month.
London disputes boutique Humphries Kerstetter, representing the committee, announced today (27 October) that it had applied to the Court of Appeal, after the High Court denied permission to appeal.
In a judgment dated 12 October, the court found that the committee had no contractual authority to terminate PGMBM’s retainer on behalf of the claimant group or instruct rival firm Bailey Glasser International (BGI) in its place.
‘The Committee’s concerns about the conduct and direction of the litigation are serious and longstanding,’ said BGI commercial disputes head Faranak Ghajavand, who joined the firm this March after leaving Pogust Goodhead last December.
‘Its decision to seek alternative legal representation was not taken lightly, and those concerns remain unresolved following the High Court’s judgment.’
‘Claimants must have an effective collective voice in the conduct of their case, including when serious concerns arise about whether their legal representation continues to serve their best interests independently. Ultimately, this is about protecting claimants’ rights and ensuring that their pursuit of justice and fair compensation remains the priority,’ she added.
The appeal application comes after an application by PGMBM to remove the existing members of the client committee, which was filed ahead of a case management conference (CMC) on 23 October.
‘Our clients have waited more than a decade for justice. The Mariana litigation belongs to the victims of the disaster and their pursuit of justice must not be derailed,’ said PGMBM CEO Alicia Alinia.
‘We are therefore asking the Court to remove the current Committee members, with the intention of establishing a new Committee that reflects the diversity of the communities and claimant groups involved, has access to independent legal advice and can fulfil its contractual responsibilities effectively.’
‘This is about restoring confidence, strengthening governance and ensuring that our collective efforts remain focused on securing justice and meaningful compensation for those affected by the disaster.’
Legal Business understands that the committee opposed the motion.
PGMBM also recently changed its counsel. As of last week, the firm has instructed Fountain Court’s Richard Lissak KC and Blackstone Chambers’ Robert Weekes KC.
In a representation ruling, the court found that seven members of the committee who were also claimants had effectively ratified the decision to replace PGMBM with BGI on an individual basis.
PGMBM remains the solicitor on record for the remaining 400,000 claimants.
The court did not reopen the wider representation dispute in Friday’s CMC. The question of whether a further 6,300 claimants had ratified their representation with BGI remains to be dealt with.
The CMC confirmed that the stage 2 trial remains on track for next spring, with the trial set to begin on 7 April 2027.
The next CMC is set for 4 December 2026.
