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Corby Group Litigation v Corby District Council [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] EWHC 1944 (TCC), 29 July 2009. The case relates to the negligence and nuisance of a local authority in the operation of reclamation of a steel site causing birth defects to children. Corby Group Litigation (C) alleged Corby District Council (D) negligence, breach of statutory duty and public nuisance in relation to the reclamation of an industrial site in Corby. Between 1986 to 1999, children were born with birth defects due to their pregnant mothers ingesting or inhaling hazardous substances from the site. The judge had to consider a number of issues common to C and establish the necessary basis for determination of liability to each child. "Held:" D was in breach of duty of care for not carrying out the reclamation safely enough to avoid the propagation of hazardous toxics through dust and mud to C's mothers before or during pregnancy. The contaminants had the ability to cause limb defects and this was proven by the amount of children suffering from birth defects in Corby between 1989 to 1998. D was also in breach of statutory duty in relation to Environmental Protection Act 1990 s. 34. D was liable of breach of statutory duty, negligence and nuisance to C as long as each individual claimant could prove the link between its birth defects and D's faults.
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Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 148252-2001

[2009] EWHC 1944 (TCC), 29 July 2009. The case relates to the negligence and nuisance of a local authority in the operation of reclamation of a steel site causing birth defects to children. Corby Group Litigation (C) alleged Corby District Council (D) negligence, breach of statutory duty and public nuisance in relation to the reclamation of an industrial site in Corby. Between 1986 to 1999, children were born with birth defects due to their pregnant mothers ingesting or inhaling hazardous substances from the site. The judge had to consider a number of issues common to C and establish the necessary basis for determination of liability to each child. "Held:" D was in breach of duty of care for not carrying out the reclamation safely enough to avoid the propagation of hazardous toxics through dust and mud to C's mothers before or during pregnancy. The contaminants had the ability to cause limb defects and this was proven by the amount of children suffering from birth defects in Corby between 1989 to 1998. D was also in breach of statutory duty in relation to Environmental Protection Act 1990 s. 34. D was liable of breach of statutory duty, negligence and nuisance to C as long as each individual claimant could prove the link between its birth defects and D's faults.