The Corby Group litigation (S. Shergold)

Author

Stephen Shergold

Keywords

Birth defects, Contaminated land, Duty of care, Environmental liability, Foreseeability, Hazardous substances, Land reclamation, Local authorities’ liabilities, Negligence, Public nuisance

Abstract

Discusses the Technology and Construction Court decision in Corby Group Litigation v CorbyDC on whether the local authority was liable in public nuisance, negligence and for breach of the Environmental Protection Act 1990 s.34 in respect of birth defects, allegedly caused by its failure to prevent public exposure to toxic chemicals from remediation works at a contaminated land site. Considers whether the authority owed a duty of care to pregnant women in the area, and whether it had been reasonably foreseeable that its failure to take certain precautions would cause the birth defects.

Citation

(2010) 22(2) Environmental Law & Management 72-75

Paper

The Corby Group litigation