Corby Group Litigation, Re

Corby Group Litigation, Re

Corby District Council was negligent, in breach of statutory duty, and liable in public nuisance for failing to take reasonable care to prevent the dispersal of hazardous contaminants (including Cadmium, Chromium, Nickel, PAHs, and dioxins) during land reclamation works between 1985 and 1997, resulting in a statistically significant cluster of upper limb birth defects in children born to mothers living in Corby. The breaches included inadequate site investigation, lack of effective dust and mud control, failure to provide wheel washing and sheeting of lorries, and poor management and supervision of contaminated waste. These breaches had the ability to cause the birth defects complained...

Parties
Claimant: Claimants appearing on the Register of the Corby Group Litigation; Defendant: Corby District Council
Jurisdiction
England and Wales
Judgment Date
29 July 2009
Procedural Posture
Group Litigation / Judgment on Group Issues
Outcome
Judgment for the Claimants on group issues; Defendant found liable in negligence, public nuisance, and breach of statutory duty, subject to proof of individual causation in subsequent proceedings.
Legal Topics
Negligence, Public Nuisance, Breach of Statutory Duty, Teratogenic Substances, Birth Defects, Environmental Contamination, Duty of Care, Causation, Toxic Torts
Tort Law Environmental Law Public Nuisance Statutory Duty Negligence Breach of Statutory Duty Teratogenic Substances Birth Defects +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Claimants appearing on the Register of the Corby Group Litigation

Claimant

Corby District Council

Defendant

Procedural Posture

Group Litigation / Judgment on Group Issues

Legal Issues

  1. 1 Whether Corby District Council owed a duty of care to prevent airborne exposure to toxic waste during land reclamation works
  2. 2 Whether Corby District Council breached its duty of care, statutory duty, or committed public nuisance in the management and execution of land reclamation contracts
  3. 3 Whether such breaches had the ability to cause upper and/or lower limb defects to the Claimants

Ratio Decidendi

Corby District Council was negligent, in breach of statutory duty, and liable in public nuisance for failing to take reasonable care to prevent the dispersal of hazardous contaminants (including Cadmium, Chromium, Nickel, PAHs, and dioxins) during land reclamation works between 1985 and 1997, resulting in a statistically significant cluster of upper limb birth defects in children born to mothers living in Corby. The breaches included inadequate site investigation, lack of effective dust and mud control, failure to provide wheel washing and sheeting of lorries, and poor management and supervision of contaminated waste. These breaches had the ability to cause the birth defects complained...

Court Disposition

Judgment for the Claimants on group issues; Defendant found liable in negligence, public nuisance, and breach of statutory duty, subject to proof of individual causation in subsequent proceedings.

Orders

  • Declaration that Corby District Council is liable in negligence, public nuisance, and breach of statutory duty for the dispersal of hazardous contaminants during land reclamation works between 1985 and 1997, subject to individual proof of causation.
  • Directions for further proceedings to determine individual causation and quantum of damages.