Council faces birth defect claims

A group of 18 people who claim they were born with deformed arms due to a council's mismanagement of toxic waste has won a victory in a bid for damages.

Lawyers for the group, born from 1986 to 1999 in Corby, Northamptonshire, told the Court of Appeal they were exposed to chemicals while in the womb.

Toxins leaked when the borough council cleared the former British Steel site in the 80s and 90s, the group claimed.

Three High Court judges have dismissed the council's objections to the claims.

The council also faces allegations of negligence and breaches of the Environmental Protection Act.

'Toxic sludges'

Lord Justice Dyson told the court that between 1983 and 1989 the council acquired land on which a former British Steel works stood and which they decontaminated.

The group's claims focus on land at Soothills, Sootbanks and Willowbrook North which were contaminated, and the Deene Quarry Tip where contaminated waste was transported and dumped.

Lawyers have said windborne toxic materials, fluids which could vaporise and toxic sludges were allowed to escape from the site.

The council claimed a public nuisance allegation should be ignored in the light of two recent House of Lords rulings.

Public nuisance is described in law books as an occurrence which prevents people going about their business.

However, Lord Dyson, sitting with Lord Justice Ward and Lady Justice Smith, said that the law had recognised for 400 years that damages can be claimed in public nuisance cases.

A High Court hearing of the group's claims is due to start in February 2009, and is expected to take 40 days.

Now they can proceed with the full weight of the law behind them but Corby Borough Council is expected to contest the claims.

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