Corby Group v Corby Borough Council

Corby Group v Corby Borough Council

The Court of Appeal held that the long-established principle that damages for personal injury can be recovered in public nuisance has not been reversed by the House of Lords decisions in Hunter v Canary Wharf or Transco v Stockport. The court is bound to apply the law as it stands, and the claim in public nuisance cannot be said to have no real prospects of success. The appeal to strike out the public nuisance claim is dismissed.

Parties
Respondents: The Claimants appearing on the Register of the Corby Group Litigation; Appellant: Corby Borough Council
Jurisdiction
England and Wales
Judgment Date
08 May 2008
Procedural Posture
Civil Appeal / Appeal From High Court (application to Strike Out Claim in Public Nuisance)
Outcome
Appeal dismissed
Legal Topics
Public Nuisance, Personal Injury, Negligence, Breach of Statutory Duty
Tort Law Environmental Law Public Nuisance Personal Injury Negligence Breach of Statutory Duty

Case Brief

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Parties

The Claimants appearing on the Register of the Corby Group Litigation

Respondents

Corby Borough Council

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court (application to Strike Out Claim in Public Nuisance)

Legal Issues

  1. 1 Whether damages for personal injury are recoverable in public nuisance
  2. 2 Whether the claimants should be permitted to amend their particulars of claim to include public nuisance

Ratio Decidendi

The Court of Appeal held that the long-established principle that damages for personal injury can be recovered in public nuisance has not been reversed by the House of Lords decisions in Hunter v Canary Wharf or Transco v Stockport. The court is bound to apply the law as it stands, and the claim in public nuisance cannot be said to have no real prospects of success. The appeal to strike out the public nuisance claim is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The claimants are permitted to amend their particulars of claim to include a claim in public nuisance.
  • The trial will proceed with the public nuisance claim included.