Jonathan McDonagh

Recent Cases

• Munícipio de Mariana & Others v BHP [2025] EWHC 3001 (TCC) – The largest opt-in group action ever brought before the English courts, with more than 620,000 issued claims, arising from the collapse of the Fundão Dam in Brazil in November 2015, which caused Brazil’s worst ever environmental disaster. Jonathan has acted for the Claimants from the commencement of the proceedings and appeared at the first stage liability trial which resulted in a finding that BHP were liable for the collapse. The claim value has been estimated at £36 billion. Other notable judgments in the course of this litigation, and in respect of which Jonathan acted, are:
  • [2020] EWHC 2930 (TCC) – the first instance decision in which the claims were initially struck out for abuse of process and as part of BHP’s jurisdiction challenge.
  • [2021] EWCA Civ 1156 – having been refused permission to appeal by the Court of Appeal on paper, the Claimants made a successful challenge under CPR 52.30 and were subsequently granted permission.
  • [2022] EWCA Civ 951 – the Claimants’ successful appeal on issues of abuse of process and jurisdiction, paving the way for the litigation to proceed in England.
• Viegas v Cutrale (2025) – Led by Andrew Fulton KC, Jonathan appeared for the claimants in a limitation preliminary issue trial in the Commercial Court. The claims arise from allegations of cartel practice in connection with the Brazilian orange juice market.
• Union Bank of India v Badri Kasturi & Satyan Kasturi [2021] EWHC 979 (Comm) and until 2023 – Jonathan acted for the UK branch of the Union Bank of India seeking to recover more than US$6 million against defendants based in India in a claim (inter alia) for fraudulent misrepresentation arising from a loan for the purchase of shares in the USA.
• Flywheel v Andrew, St Hill & Andrew [2021] EWHC 3746 (Comm) – And at other stages, led by Paul Chaisty KC, acted for the claimant company seeking various heads of relief arising from a purchase of an IT services company from the defendants, on the bases of breaches of warranty and fraudulent misrepresentation.
• Union Bank of India v Hayre; Union Bank of India v Country Developments & Investments Limited; & Others (2021 – ongoing) – Jonathan acts for the Union Bank of India in several actions seeking to recover sums loaned under banking facility agreements, and enforcement of a range of security interests.
• Sargeant Petroleum v Thomas Miller (2020 – 2023) – Jonathan represented the assured owners of a vessel moored in the Port of Rio Haina, Dominican Republic, in a dispute with underwriters concerning the scope of an insurance policy to cover the impact of 2016’s Hurricane Matthew.
• Re Magnolia (2020 – 2022) – Jonathan represented the successor entities to the insurers of the vessel, “MAGNOLIA” an oil carrier attacked and struck by a missile in the Persian Gulf in 1984. These entities succeeded in claims to a fund held in court arising from a multi-jurisdictional marine insurance dispute in the mid-1980s. The fund represented the remainder of monies that were paid into escrow during the course of a dispute between the insurers and the insured thereafter.
• Al-Mojil v Protiviti [2016] CA 003 (23 August 2016), DIFC (2016-2018) – Led by Jonathan Adkin KC and David Head KC, Jonathan represented the claimant seeking relief from an accountancy firm following a report it had issued to the Saudi Capital Markets Authority in respect of MMG, a Saudi oil infrastructure and engineering company. It remains one of the most substantial claims ever brought before the courts of the DIFC, and established significant case law on the forum non conveniens doctrine in the DIFC, before the parties reached settlement on the eve of trial.
• The VW NOx Group Litigation (2016-2019) – Led by Andrew Onslow KC, Jonathan acted for c. 90,000 affected vehicle owners seeking compensation in respect of the VW Group’s ‘defeat devices’ fitted into vehicles in order to alter vehicle performance during emissions testing.
• Certain Underwriters at Lloyds v Syrian Arab Republic & Others (2015) – Advised in respect of a claim against the Syrian regime arising from a US judgment in the sum of US$51 million relating to the hijacking of Egypt Air flight 648 in November 1985. The case concerned recognition of foreign awards and issues of state immunity in the context of the ongoing Syrian civil war.