Kanseche Flood Survivors: Case Hearing update
First High Court hearing in legal claim by Malawian villagers against Primark owner ABF following flooding that destroyed their village and left seven dead begins on 9th June
The first hearing in a legal claim by Malawian villagers against Associated British Foods (ABF), the owner of Primark, over devastating flooding in 2022 will be heard from Tuesday 9th to Thursday 11th June at the High Court in London.
More than 1700 members of the Kanseche community are bringing a legal claim against ABF plc. They allege that flood defences protecting a sugar plantation owned by the UK multinational’s Malawian subsidiary, diverted floodwater into their village during Tropical Storm Ana in January 2022, destroying the village and killing five adults and two children.
The Nchalo sugar plantation is operated by Illovo Sugar (Malawi), a wholly owned subsidiary of ABF plc. ABF says the sugar estate’s flood defences, which largely consist of large earth embankments, would not have exacerbated the impact of the flooding on Kanseche village.
ABF is a multinational group headquartered in the UK, the second largest producer of sugar in the world and owns a range of household brands including Primark, Silver Spoon, Twining's, Ryvita and Kingsmill.
Lawyers at London-based law firm Leigh Day have issued proceedings in the High Court in London because ABF plc is headquartered in the UK and therefore falls within the jurisdiction of the courts of England and Wales and because it is alleged that the relevant decisions were made in the UK in relation to the flood defences and climate related risks.
The hearing comes at a time of increasing scrutiny of claims concerning the impact on local communities when multinational companies take steps to protect their operations from the effects of climate change.
The case management conference hearing will decide how the case should proceed, including:
A jurisdiction challenge by ABF which argues that parts of the claim should be struck out on the basis they concern land rights in Malawi
Whether any issues should be determined early (as preliminary issues)
What evidence will be required at trial (documents, witnesses, experts)
The overall timetable to trial
The residents of Kanseche are represented by Leigh Day international team partner Oliver Holland, Edward Craven KC and Catherine Dobson of Matrix Chambers, and Tom Fairclough of 2 Temple Gardens Chambers. The Claimants are supported by Water Witness teams in Malawi and the UK.
So how can i get involved?
You can read the full report entitled ‘Swept Away’ at the link below and find out more about the case.
In October, Water Witness along with friends in the Corporate Justice Coalition will be campaigning for a new Business, Human Rights & Environment Act which will help protect people, nature and long-term business resilience in the UK and around the world, to help to prevent things like this from happening again.
You can write to your MP and back this bill at the link below.