Filed on 17 October by legal firm DAC Beachcroft on behalf of Smurfit Kappa UK, the claim names Eky Caterers Ltd and BCC as respondents, noting “Fire & explosion” against the filing, first reported by the Irish Independent.
BCC is represented by international law firm DWF; Eky Caterers, which in 2023 employed just seven staff, had no legal representation listed.
Printweek has contacted BCC and Smurfit Kappa UK’s parent company, Smurfit Westrock, for comment; Eky Caterers declined to comment.
The June 2022 blaze saw 110 firefighters called to the scene, with more than 30 fire appliances tackling the fire, including two aerial hydraulic platforms, multiple fire engines, a high-volume water pumping unit, and an aerial drone.
The next morning, 12 hours after the fire started, 50 firefighters were still in attendance, with the operation evolving into nearly a week of action to control the fire.
The West Midlands Fire Service (WMFS) later found that the fire had been caused by someone throwing a foil barbeque into a skip on the business park next to the Smurfit Kappa site; catching light, the flames were fanned by strong winds, and embers carried to the manufacturer’s recovered fibre yard.
CCTV imagery released by the WMFS showed the BCC skip, marked ‘No fires and asbestos’, catching fire.
WMFS fire investigators said they had worked closely with police and were satisfied that the fire was started unintentionally: the person who dumped the foil barbeque believed that the charcoal in it had cooled sufficiently not to be a fire risk.
Area commander Sam Burton, who was the WMFS incident commander on 12 June, said at the time: “Our crews responded quickly and did an outstanding job. They worked in challenging circumstances throughout the following week.
“Our investigators are satisfied that the Smurfit Kappa fire started accidentally. Nonetheless, in spite of our firefighters’ determined efforts, the consequences were catastrophic.”