The company responsible for manufacturing the fridge-freezer linked to the start of the Grenfell Tower fire is facing allegations that it failed to carry out proper safety testing on the appliance, according to a new lawsuit filed by the Royal Borough of Kensington and Chelsea (RBKC).

RBKC, alongside the borough’s tenant management organisation, has launched legal action against Beko Europe – previously known as Whirlpool – as part of broader proceedings targeting several organisations it believes contributed to the devastating fire that killed more than 70 people eight years ago.

The council, which faced sharp criticism for its response to the fire during a public inquiry, is pursuing claims at the High Court for more than £358 million. These claims target a range of companies involved not only in the fridge-freezer manufacture but also in the tower’s refurbishment and cladding works.

In legal documents seen by the Financial Times, RBKC alleges that the appliance contained materials that could “catch fire and burn easily.” The borough’s lawyers argue that Beko Europe failed to carry out sufficient testing of key components of the model, such as the plastic backing, foam, and polystyrene, against fire safety standards.

The legal filing claims that had these materials been tested appropriately, they would not have passed the requirements set out in the Electrical Equipment (Safety) Regulations 1994. It adds: it “should have been obvious to any reasonably competent designer, manufacturer and/or supplier of the fridge-freezer that the plastic backing was not resistant to ignition and/or the spread of fire.”

Although defence submissions have yet to be filed with the court, Whirlpool has stated it is contesting the case robustly. “Whirpool Corporation disputes and is vigorously defending the proceedings brought by the Royal Borough of Kensington and Chelsea,” a company spokesperson said. “It would not be appropriate to comment further on ongoing litigation.”

The allegations come after a business agreement last year where Turkey-based Arçelik and Whirlpool combined their European domestic appliance operations under the Beko Europe banner.

During the public inquiry, Whirlpool suggested the fire might have been ignited by a discarded cigarette rather than an electrical fault. However, inquiry chair Sir Martin Moore-Bick dismissed this argument as “fanciful,” stating he was left in “no doubt that the fire originated in the large fridge-freezer.”

While RBKC continues its legal battles, the council’s own actions were heavily scrutinised during the inquiry. Quentin Marshall, chair of the borough’s housing scrutiny committee, admitted that the council “lacked a little humanity” in its dealings with Grenfell residents before the tragedy. This admission followed revelations that he had previously dismissed residents’ complaints about refurbishment works as “grossly exaggerated.”

Since the fire, the council says it has overhauled its operations. A spokesperson commented: “We have issued legal proceedings against a number of companies, in line with the council’s ongoing commitment to ensure those parties pay a share of the costs incurred against the public purse.”

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