The High Court has dismissed an application to strike out the claim brought by more than 7,000 Malawian tobacco farmers against British American Tobacco and Imperial including over 3,000 children.

The two tobacco companies had asked the court to throw out the claims which are brought by tobacco farmers and their wives and children alleging that the companies are responsible for the farmers being exploited on the Malawian tobacco farmers. They also argue that BAT and Imperial have been unjustly enriched because the tobacco is being produced in conditions that amount to child and forced labour.

The High Court today dismissed the application to strike out the claims, on the grounds that the claimants had properly pleaded the central allegation that they had grown tobacco that had been purchased by BAT and/or Imperial and used by them to make cigarettes and other tobacco products...

The tobacco companies had argued that the claimants should be required to set out all their evidence when they issued the claim. The judge said this was wrong as there is a difference in what evidence is needed when beginning a claim, versus what is needed to prove a claim at trial. Claimants are not required to have all the evidence needed to prove a claim at the outset of the legal action as this would be a massive hurdle to overcome and would significantly impede access to justice.

The claim will now continue and the next stage will be for the Court to set down directions for the case to progress towards a trial with the likely next step for the Defendants to provide defences to the claims...