Corby Group Litigation
Stephen Grime Q.C. represents the defendant local authority in the Corby Group Litigation. At the end of July Mr Justice Akenhead delivered his judgment on the generic issues and, for the first time in the UK, found that birth defects could be caused by exposure to environmental toxins. His decision was critical of the defendant which he found negligent and in breach of statutory duty. Corby Borough Council is seeking permission to appeal the decision on a variety of grounds including forseeability, the judge's treatment of the expert evidence and his findings as to exposure. The Council has also indicated a willingness to pursue ADR with the claimants in relation to the 16 individual cases.
There has also been an interesting subsequent decision as to costs. The judge awarded the claimants only 90% of their costs because of the manner in which the case was presented and rejected the suggestion that the defendant should pay costs on an indemnity basis because it had acted unreasonably in declining to mediate before the generic issues trial.
Generic issues judgment
Costs judgment