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US court rejects Grenfell survivors’ lawsuit against corporations

A US court has rejected a lawsuit brought by survivors of the Grenfell Tower fire against several of the corporations involved in the fire, ruling that it should be heard in the UK, Inside Housing understands. 

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The Grenfell Tower fire killed 72 people in June 2017 (picture: Lucy Brown)
The Grenfell Tower fire killed 72 people in June 2017 (picture: Lucy Brown)
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A US court has rejected a lawsuit brought by survivors of the Grenfell Tower fire against several of the corporations involved in the fire, ruling that it should be heard in the UK, Inside Housing understands #UKhousing

US court rejects Grenfell survivors’ lawsuit against corporations #UKhousing

Grenfell survivors and bereaved last summer brought the case for civil damages against Arconic and Saint Gobain, the companies responsible for the cladding and insulation respectively, and Whirlpool, which supplied the fridge that caught fire.

But multiple sources familiar with the case told Inside Housing that the court yesterday rejected the case against Arconic and Whirlpool on the basis of “forum” following a hearing last month. The court is understood to have ruled the case should be heard in the UK.

The case against Saint Gobain, the parent company of UK-based insulation supplier Celotex, was dropped in May.

A judgement against the companies in the US could have resulted in damages running to tens of millions of dollars, and the rejection of the lawsuit will come as a blow to the survivors, who must now wait for the conclusion of the lengthy public inquiry to pursue actions in the UK.

However, it is understood that the court did leave open the possibility of consideration of liability under US law and an assessment of appropriate damages. The judgement has not yet been made public.


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Pennsylvania was selected as the venue for the wrongful death lawsuit because it is the home of the head offices of both Arconic and Saint Gobain.

The case progressed through document disclosure last autumn, with Arconic challenged over its attempt to use French laws to prevent the release of documents to the court.

The panels installed on Grenfell Tower were sold by Arconic Architectural Products SAS – the French arm of the company.

The fire at Grenfell Tower killed 72 people in June 2017 after a fire broke out in a fourth-floor kitchen, travelled through a window and ignited the cladding system that had been installed on the tower’s external walls in a refurbishment completed in 2016.

In his judgement on the first phase of the public inquiry last year, inquiry chair Sir Martin Moore-Bick ruled that the aluminium composite material panels were the “primary cause” of this fire spread, adding that it was “more likely than not” that the combustible Celotex insulation also contributed.

The second phase of the inquiry is ongoing, and is currently hearing evidence from the companies directly involved in the refurbishment.

Witnesses from Arconic and Celotex will be called to give evidence in its second module, which will examine how the products were tested, marketed and sold.

A spokesperson for Arconic said: “The US Court has determined that the UK, and not the US, is the appropriate place for plaintiffs to bring their case relating to the Grenfell Tower fire. We express our deepest sympathy to anyone affected by the tragedy and continue to offer our full support to the authorities as the UK inquiry and Metropolitan Police investigation continue.”

Update at 3.45pm:

This story was updated to make it clear that the case against Saint Gobain was dropped in May.

Grenfell Tower Inquiry phase two: weekly diaries

Grenfell Tower Inquiry phase two: weekly diaries

Module one

Week one: A vivid picture of a broken industry

After a week of damning revelations at the opening of phase two of the Grenfell Tower Inquiry, Peter Apps recaps the key points

Click here to read the full story

Week two: What is the significance of the immunity application?

Sir Martin Moore-Bick has written to the attorney general requesting protection for those set to give evidence at the Grenfell Tower Inquiry. Peter Apps explains what the move means

Click here to read the full story

Week three: Architects of misfortune

This week saw the lead architects for the Grenfell Tower refurbishment give evidence to the inquiry. Peter Apps runs through the key points

Click here to read the full story

Week four: ‘I didn’t have any perception that it was the monster it’s become’

The architects continued to give evidence this week, outlining a lack of understanding of the fire risk posed by the cladding materials and its design. Nathaniel Barker reports

Click here to read the full story

Week five: ‘No adverse effect in relation to external fire spread’

As the Grenfell Tower Inquiry returns from its long absence, Peter Apps recaps the key points from a week of important evidence from the fire consultants to the refurbishment

Click here to read the full story

Week six: ‘I can’t recall any instance where I discussed the materials with building control’

Nathaniel Barker summarises what we learned from fire engineers Exova, architects Studio E and the early evidence from contractor Rydon

Click here to read the full story

Week seven: ‘I do not think I have ever worked with a contractor operating with this level of nonchalance’

Two key witnesses from contractor Rydon gave evidence this week. Peter Apps recaps some of the key points from a revealing week of evidence

Click here to read the full story

Week eight: ‘It haunts me that it wasn't challenged’

Four witnesses from contractor Rydon gave evidence this week. Lucie Heath recaps what we learned on the last week of evidence before the inquiry breaks for five weeks

Click here to read the full story

Week nine: ‘All I can say is you will be taken out for a very nice meal very soon’

This week the inquiry heard evidence from witnesses at Harley Facades, the sub-contractor responsible for Grenfell Tower’s cladding. Peter Apps recaps the key points

Click here to read the full story

Week 10: ‘As we all know, ACM will be gone rather quickly in a fire!’

As the Grenfell Tower Inquiry entered its 10th week, Jack Simpson recaps the key points from a week of important evidence from the refurbishment’s cladding contractor

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Week 11: ‘Did you get the impression Grenfell Tower was a guinea pig for this insulation?’

With witnesses from the cladding subcontractor, the firm which cut the deadly panels to shape and the clerk of works which inspected the job giving evidence this was week full of revelations. Peter Apps recaps the key points

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Week 12: ‘Would you accept that was a serious failing on your part?’

With the surveyor who inspected Grenfell Tower for compliance giving evidence, this was a crucial week from the inquiry. Dominic Brady and Peter Apps report

Click here to read the full story

Week 13: ‘Value for money is to be regarded as the key driver for this project’

With consultants to Kensington & Chelsea Tenant Management Organisation (KCTMO) giving evidence, attention at the Grenfell Tower Inquiry turned for this first time to the actions of the TMO and the council. Peter Apps reports

Click here to read the full story

Week 14: ‘Did it not occur to you at this point that your budget was simply too low?’

This week, for the first time in phase two, the inquiry heard from Kensington & Chelsea Tenant Management Organisation, the landlord that oversaw the fatal refurbishment of Grenfell Tower. Lucie Heath reports

Click here to read the full story

Week 15: ‘Have you ever informed the police that you destroyed documents relevant to their investigation?’

Witnesses from the Kensington and Chelsea Tenant Management Organisation (KCTMO) gave evidence for a second week, which began with a shocking revelation about withheld and destroyed evidence. Peter Apps recaps

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Week 16: ‘I conclude this was very serious evidence of professional negligence’

This week saw members of Kensington & Chelsea Tenant Management Organisation finish giving evidence, before the inquiry’s expert witnesses took the stand to make some highly critical assessments of the work they had seen before and during the refurbishment of Grenfell Tower. Jack Simpson recaps

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Grenfell Tower: a timeline of the refurbishment

Following the conclusion of module one of the Grenfell Inquiry’s second phase, Peter Apps presents a timeline of the key moments during the fatal refurbishment of the west London tower block

Click here to read the full story

Module two

Week 17: ‘It’s hard to make a note about this because we are not clean’

The start of the second module of the Grenfell Tower Inquiry phase two came with some huge revelations about the companies that sold the products used in the cladding system. Peter Apps reports

Click here to read the full story

Week 18: ‘It was just reckless optimism wasn't it?’

As the inquiry began cross-examining witnesses for the second module of its phase two work, the picture surrounding just how Grenfell Tower ended up wrapped in such dangerous materials became a little clearer. Nathaniel Barker was keeping an eye on proceedings

Click here to read the full story

Week 19: ‘And that was intentional, deliberate, dishonest?’

The Grenfell Tower Inquiry this week heard the shocking story of how the insulation manufacturer “manipulated” official testing and marketed its product “dishonestly”. Peter Apps tells the story

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Week 20: ‘We were outed by a consultant who we then had to fabricate a story to’

This week the inquiry investigated the actions of Kingspan – the manufacturer of one of the insulation products used in the tower’s cladding system. Dominic Brady reports

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Week 21: ‘It’s there in black and white isn't it? We see a complete absence of any consideration of life safety’

The story of insulation giant Kingspan’s testing and marketing of its combustible insulation for high rises was unpacked in minute detail this week. Peter Apps reports

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Week 22: ‘All we do is lie in here’

In the third week of evidence from insulation giant Kingspan, the inquiry continued to uncover shocking details about the firm’s behaviour both before and after the Grenfell Tower fire. Lucie Heath reports

Click here to read the full story

Week 23: ‘That would have come as an earthquake to you at the time, would it not?’

This week the inquiry took its deepest dive yet into the inner workings of the cladding manufacturer whose product has been blamed for the terrible spread of fire up Grenfell Tower. Nathaniel Barker reports

Click here to read the full story

Week 24: ‘Do you accept that Test 5B was Arconic's deadly secret’

The president of the firm that made and sold the cladding panels installed on Grenfell Tower was asked to account for the apparent concealment of “disastrous” fire tests on the product this week. Peter Apps reports

Click here to read the full story

Week 25: ‘This is quite an incredible list of omissions and missed instances, isn’t it?’

This week the Grenfell Tower Inquiry heard its first witnesses from the Building Research Establishment (BRE) - the testing house which carried out key fire tests on the Kingspan and Celotex insulation products which were later used on Grenfell Tower. Peter Apps reports.

Click here to read the full story

Week 26: 'You were taking an enormous risk, weren't you?'

Week 26 at the Grenfell Tower Inquiry was a key moment in understanding how dangerous products used on the tower came to be accepted by industry professionals. Dominic Brady reports

Click here to read the full story

Week 27: ‘What will happen if one building made out [of] PE core is in fire and will kill 60 to 70 persons?’

The most explosive evidence this week at the Grenfell Tower Inquiry came from those who did not attend, as the evidence which would have been presented to Arconic witnesses was displayed in their absence. Peter Apps reports

Click here to read the full story

Week 28: ‘This is a serious safety matter’

This week the Grenfell Tower Inquiry zeroed in on the British Board of Agrément, the body that produced “misleading” certificates which inspired trust in both the cladding and insulation used on the tower. Lucie Heath reports

Click here to read the full story

Week 29: ‘Is it true that Kingspan’s position… was to do its best to ensure that science was secretly perverted for financial gain?’

The final week in this section of the Grenfell Tower Inquiry primarily examined the attempts by insulation manufacturer Kingspan to lobby government after the fire. Peter Apps reports

Click here to read the full story

How the products used in Grenfell Tower's cladding system were tested and sold

As the section of the Grenfell Tower Inquiry examining how the products used in the cladding system were tested, marketed and sold comes to a close, Peter Apps summarises what we have learned about each of the products included in the system

Click here to read the full story

Module Three

Week 30: ‘There is certainly a high probability that in the event of a fire the whole building can become an inferno’

The focus of the inquiry shifted this week to the actions of the social housing providers responsible for maintaining Grenfell Tower. Pete Apps recaps what we learned

Click here to read the full story

Week 31: ‘If we cannot get out people will die’

This week saw the former residents of Grenfell Tower enter the witness box to tell of their experiences attempting to raise complaints with the council and its managing agent. Pete Apps reports

Click here to read the full story

Week 32: ‘Let's hope our luck holds and there isn't a fire’

This week saw the return of the landlord of Grenfell Tower, Kensington and Chelsea Tenant Management Organisation (KCTMO), as senior staff members attempted to explain how vital fire safety protections at the block were allowed to fall into disrepair. Lucie Heath reports

Click here to read the full story

Week 33: ‘Isn't that a serious gap in the scope of a policy meant to safeguard vulnerable people?’

A slightly disjointed week at the Grenfell Tower inquiry saw further evidence from staff at building manager Kensington and Chelsea Tenant Management Organisation (KCTMO) interspersed with the views of a cladding expert. Peter Apps reports

Click here to read the full story

Week 34: ‘Some members of the community are doing their best to spread false information’

Jack Simpson covers all the major revelations from the past week of evidence at the Grenfell Inquiry, including evidence from Laura Johnson, director of housing at the Royal Borough of Kensington and Chelsea.

Click here to read the full story

Week 35: ‘I really didn’t like the champagne’

This week the Grenfell Tower Inquiry saw council witnesses, including former deputy leader Rock Feilding-Mellen and leader Nicholas Paget-Brown, questioned about their role in the story for the first time. Peter Apps reports

Click here to read the full story

Week 36: ‘Is that not a very incurious approach for a fire risk assessor?’

This week the Grenfell Tower Inquiry scrutinised the work of Carl Stokes, the man hired to carry out fire risk assessments for the block. Nathaniel Barker reports

Click here to read the full story

Week 37: ‘In giving that advice, weren’t you acting beyond your knowledge and expertise?’

A curtailed week at the Grenfell Tower Inquiry saw fire risk assessor Carl Stokes grilled over advice he gave regarding the tower’s cladding. Peter Apps reports

Click here to read the full story

Week 38: ‘Well it’s a bit more than that, isn’t it. He’s suggesting that you tell the LFB a lie’

The inquiry heard the mammoth cross-examination of KCTMO’s health and safety manager Janice Wray this week. Peter Apps reports

Click here to read the full story

Week 39: ‘What you said there was a grotesque understatement’

This week the inquiry continued to hear from former employees of Kensington and Chelsea Tenant Management Organisation, as well as two employees from the London Fire Brigade. Lucie Heath reports

Click here to read the full story

Week 40: ‘An exercise in concealment and half-truth’

Former KCTMO chief executive Robert Black gave his evidence to the inquiry this week and was asked to account for the various failures described over the previous six weeks. Peter Apps and Nathaniel Barker report.

Click here to read the full story

Week 41: ‘We should do nothing. This is not the sort of website we should be responding to’

This week saw the return of Robert Black, chief executive of Kensington and Chelsea Tenant Management Organisation (KCTMO), before the inquiry turned its attention to the defective smoke control system in the tower. Dominic Brady reports

Click here to read the full story

Week 42:‘They would leak as much as they leaked. They were what they were’

The Grenfell Tower Inquiry continued its in-depth investigation of the tower’s non-compliant smoke control system this week, with evidence from the various contractors involved in delivering it. Pete Apps reports

Click here to read the full story

Week 43:‘Contractors at the time were not generally aware of the importance of leaving holes unsealed’

This week the inquiry focused on two of the more overlooked areas of the Grenfell Tower fire, with evidence focusing on the gas pipelines and lifts within the west London block. It was a packed week, with five witnesses giving evidence. Jack Simpson reports

Click here to read the full story

Week 44:‘I've never seen a fully compliant firefighting lift in any local authority building, to this day actually’

This week the inquiry turn the focus onto the building’s defective lifts, with evidence from an expert, contractors who worked on them and a former engineer at KCTMO. Pete Apps reports.

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Week 45: ‘Don’t you find all this rather a surprising debate, given that the Equality Act was passed in 2010?’

The inquiry heard from expert witness Colin Todd this week, who gave his views about the work of risk assessor Carl Stokes as well as answered questions about his own guidance. Peter Apps and Nathaniel Barker report

Click here to read the full story

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