Margherita Cornaglia represents Malawian villagers in legal action against Primark owner Associated British Foods after flooding destroyed their village and left seven dead
More than 1700 residents of Kanseche village in southern Malawi allege that flood defences (in the form of an embankment) built to protect a nearby sugar estate from the Mwanza River and climate change impacts diverted floodwater into their village in January 2022, with devastating consequences.
The Nchalo sugar plantation is operated by Illovo Sugar (Malawi), a wholly owned subsidiary of Associated British Foods plc (ABF), the world’s second-largest sugar producer and owner of brands including Primark, Twinings, and Kingsmill.
ABF denies the embankment worsened the flooding in Kanseche.
The flood struck overnight on 24–25 January 2022 during Tropical Storm Ana. A report by the World Weather Attribution Group finds that climate change increased the likelihood and intensity of the rainfall associated with Ana (a one in 50 year event). With no warning system in place, m Many residents were asleep when floodwater surged into their homes. Survivors recall a night of terror, climbing trees in darkness to escape fast-moving water up to two metres deep, which swept several people away.
Reportedly, seven people died, including a one-year-old boy and a three-year-old girl. None of the victim’s bodies have been recovered.
Proceedings have been issued in the High Court in London against ABF plc, alleging the company knew of the risks posed by the poorly constructed flood defences and is liable for the resulting losses. In addition to the loss of life, homes, and livelihoods, many residents were injured and continue to suffer psychological trauma.
The claim is being brought in the UK as ABF plc is headquartered here and falls within the jurisdiction of the English courts. The residents seek to hold ABF accountable for the harm caused by its flood defences, in circumstances where it is alleged that ABF knew or ought to have known that the measures implemented to protect its sugar assets from increasingly frequent and severe extreme weather events would have caused grave and foreseeable harm to the claimants, including climate-related risks.
They are represented by Margherita Cornaglia, Catherine Dobson and Kate Boakes, instructed by Leigh Day partner Oliver Holland, with support from Water Witness teams in Malawi and the UK.
Read more about the case in Leigh Day’s press release here.
