Victory in 'toxic soup' legal fight

Jul 29 2009

Eighteen youngsters who blame their disabilities on their mothers' exposure to toxic materials before their birth have won a legal action against a council it blames for their condition.

The young people claimed their birth defects were due to their mothers being exposed to an "atmospheric soup of toxic materials".

Corby Borough Council, which was responsible for the reclamation of a former steelworks, was found liable at London's High Court.

But Mr Justice Akenhead said his ruling on liability did not cover the two youngest claimants. The question of causation will be decided at a later date.

The Northamptonshire council had denied that it was negligent during the works at Corby's former British Steel plant between 1985 and 1999, and that there was a link between the removal of waste to a quarry north of the site and deformities affecting hands and feet.

Collins Solicitors, which acted for the children, said it was the first time that, following the negligent release of toxic material into the atmosphere, a court has found that this material can be inhaled and ingested by pregnant women and is capable of causing serious birth defects.

After the ruling, their QC, David Wilby, said: "The defendant has throughout strenuously denied any fault and relied heavily on its expert witnesses to justify its conduct. However, without exception, the judge preferred the evidence of the expert witnesses called by the claimants."

The solicitors said the judge wholly accepted the children's parents' account of the conditions in Corby during the works, and described the parents as "wholly honest".

Lawyer Des Collins added: "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. 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. Chief executive Chris Mallender said: "We are obviously very disappointed and very surprised at the outcome of this trial. 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."