High Court orders trial in legal claim against Primark owner ABF over flooding in Malawi that left seven people dead

The residents of Kanseche in rural Malawi are bringing the claim against the UK multinational, claiming flood defences protecting a sugar plantation owned by ABF’s African subsidiary diverted devastating floodwater into their village following tropical storm Ana in 2022. 

The flooding destroyed the village and left farmland in the area covered by a thick layer of sediment and rendered unusable. More than four years later, the village is yet to be rebuilt with residents living in temporary accommodation. 

Following a Case Management Conference hearing in the case from 9-10 June at the High Court in London, Mr Justice Neil Moody and Master of the King’s Bench Division, Richard Armstrong ruled that: 

• A full trial of liability by reference to lead claims over the villagers’ claim should begin by May 2028. 
• ABF’s proposal of a separate preliminary issues hearing followed by a trial in 2030 was rejected with the court expressing concern it would cause delay and risked duplication, inefficiencies and increased costs.

It was also determined that:

• The trial should include the issue of compensation, should the claimants’ case be successful. 
• Judgment on ABF’s jurisdiction challenge, which argued that parts of the claim should be struck out because they concern land rights in Malawi, is reserved until the individual pleadings in the lead claims have closed.  

The Nchalo sugar plantation is operated by Illovo Sugar (Malawi), a wholly owned subsidiary of ABF plc. The flood defences around the sugar estate consisted of an earth embankment, up to two metres high. In their claim, the villagers allege the embankment constrained the natural flow of the Mwanza River during Storm Ana, causing floodwater to be channelled away from the sugar estate and directly towards the village. 

ABF is 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 Leigh Day are bringing proceedings at the High Court in London because ABF plc is headquartered in the UK and therefore falls within its jurisdiction and because it is alleged that decisions about the flood defences and climate related risks were made in the UK. 

ABF denies the claims, saying the sugar estate’s flood defences would not have exacerbated the impact of the flooding on Kanseche village. 

The residents of Kanseche are represented by Leigh Day international team partner Oliver Holland, Edward Craven KC and Catherine Dobson of Matrix Chambers, Tom Fairclough of 2 Temple Gardens Chambers, and Margherita Cornaglia of Landmark Chambers. The Claimants are supported by Water Witness teams in Malawi and the UK. 

Leigh Day International team partner Oliver Holland said: 

“Whilst we welcome the news that this claim will now proceed to a full trial in the High Court, the residents of Kanseche continue to face extreme hardship while they wait for this matter to be resolved. 

“The trial will centre on our clients’ allegations that ABF not only installed poorly built flood defences around the sugar plantation but was aware of the risks the embankments posed to local residents and did nothing to remedy the situation. 

“Like many multi-nationals, ABF is aware of the heightened threat posed to its crops and other assets due to climate change and is actively working to mitigate those risks across its vulnerable supply chains in places like Malawi. In this case, local people allege that protecting the sugar plantation from flooding has come at a terrible cost to those living nearby.