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RBKC liable for the effects of Grenfell Tower fire on nine claimants, judge finds
The Royal Borough of Kensington and Chelsea (RBKC) has been found liable for the effects of the Grenfell Tower tragedy on nine people, including four who died in the fire.
The civil case was brought by law firm Bishop, Lloyd and Jackson (BLJ), which sued RBKC and Kensington and Chelsea Tenant Management Organisation (KCTMO) on behalf of 85 claimants.
RBKC owned Grenfell Tower and oversaw the refurbishment of the building, while KCTMO was in day-to-day control of the tower at the time of the fire, which killed 72 people in June 2017, including 18 children.
Senior master Barbara Fontaine handed down the judgement at the High Court last week on behalf of 53 of the 85 claimants involved.
In her judgement Ms Fontaine said: “In summary, for the BLJ group of claims, admissions of a duty of care and of breach of duty have been made in 53 claims and admission of causation of some loss or damage in nine of those 53 claims.”
The ruling follows an admission of a breach of duty by RBKC in ensuring the building was not defective and that some loss or damage was caused to each individual.
BLJ explained that the 53 individuals currently best fit the criteria under this admission, but the firm plans to submit additional medical evidence on behalf of the other claimants, as requested by RBKC.
This admission does not include any of the following causes of action: misfeasance in a public office and negligent misstatement.
The court has put a halt on legal proceedings so that individuals can settle their claims through an alternative dispute resolution (ADR) process.
ADR provides a confidential and alternative method of tackling legal disputes that avoids the need for attending court, which Ms Fontaine acknowledged can be a traumatic process.
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BLJ said the judgement was a testament to the courage, strength and determination of the victims of the tragedy and it could provide a pathway to justice for more than 1,000 others currently involved in various stages of litigation.
In a statement BLJ said: “It has been hard won in the face of resistance from RBKC and TMO to openly accept responsibility and comes over five years since the fire. It should not have taken so long and been so hard fought.”
Ms Fontaine said she was sympathetic to the concerns raised by BLJ’s claimants about the fact that the five-year anniversary of the tragedy had passed by the time the judgement was handed down.
A BLJ spokesperson added: “Many survivors and victims continue as tenants of RBKC. For the vast number, their ongoing housing issues continue to impact their recovery. While many have been permanently rehoused, some remain in temporary and unsuitable housing, and those who have been permanently rehoused have not settled and wait to be rehoused. No end is in sight.
“It is critically important that the victims are dealt with understanding, dignity and sensitivity. They must not be penalised for showing courage in their pursuit of justice.
“No amount of compensation will bring back family members who died and for those who survived who have had to rebuild their lives. The fight for justice continues.”
One of the claimants, Sid Ali Atmani, told Inside Housing he was overjoyed by the judgement and RBKC’s admission.
Mr Atmani said: “I have been fighting for this since day one. It’s a great day and this is for all those that lost their lives and the many more like me and my family who have suffered so much since the fire.”
The 41-year-old told the Grenfell Tower Inquiry back in 2018 how he helped carry a disabled man down nine floors to safety during his escape from the tower, despite suffering from an illness that causes shortness of breath.
An RBKC spokesperson said: “Grenfell is a tragedy that should not have happened and must never happen again. Our first and last thoughts will always be with the 72 men, women and children whose lives were lost in the tragedy, with those who were left bereaved and with those who survived the dreadful events of that terrible night.
“The council, along with the TMO, have admitted failing in their duty of care to the people to whom it was owed.
“We hope that this admission helps to reduce the burden on those affected and leads to other parties being able to do the same.”
The council said it is also participating in the ADR process, which it hopes will help resolve claims as promptly and fairly as possible.
The Grenfell Inquiry’s second phase of oral evidence finished last month after 308 days, which was spread across two-and-a-half years.
The final week saw presentations covering the circumstances of the deaths of 23 victims.
At the end of the evidence, inquiry chair Sir Martin Moore-Bick did not give an estimate for the publication of the final report, but warned writing it would be a lengthy process.
The inquiry will return in the week commencing 7 November for overarching closing statements.
