Birth Defect Victims Win 'Toxic Soup' Case
Sky News
July 29,2009
A group who blame their disabilities on their mothers' exposure to toxic
materials have won their case against the council they hold accountable.
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Corby Borough Council has been found liable of releasing toxic materials from
its British Steel Plant which could have contributed to 18 children's
disabilities.
Mr Justice Akenhead told the court that it was possible that toxic dust released
from the plant between 1983 and 1997 could have got into private homes in Corby.
He noted that the chemicals could have been inhaled by pregnant women and caused
birth defects.
He said: "Corby Borough Council is liable in public nuisance, negligence and
breach of statutory duty, obviously subject to it being established in later
proceedings by individual claimants that their particular conditions were
actually caused by the defaults identified in this judgment."
The London High Court ruling is the first time that a court has judged that the
plant's materials could have caused the serious birth defects.
Speaking after the decision, the children's lawyer Des Collins said: "Prior to
the trial, the council maintained that a thorough investigation had led it to
the conclusion that there was no link between the reclamation work and the
children's birth defects.
"It also maintained that, had any convincing evidence been shown that the
children had good claims, then the council would have wanted to compensate them
appropriately without going to trial.
"Today that link has been established and the evidence provided.
"The children now call upon the council to fulfil their pre-trial promises
without delay."
Corby Borough Council said it was disappointed with the result but would now
consider its position carefully.
Corby Council: 'We Still See No Link'
Chief executive Chris Mallender said: "Our position has always been that there
was no link between the reclamation work that was carried out in Corby in past
decades and these children's birth defects. That is still our position."
He said the council recognised mistakes were made and accepted some of the
criticism.
Mr Justice Akenhead said that his ruling on liability did not cover the two
youngest claimants.
The question of causation will be decided at a later date.