London meeting: Corby - getting under the surface of the case

15-Jul-2010

Herbert Smith, Exchange House, Primrose Street, Exchange Square, London EC2A 2HS

Start Time:: 6pm
End Time:: 8.30pm

Costs

£20 for Members and £30 for Non-members. Students and Unwaged members are free but places must be booked.
To book email Angela Pallett and send a cheque payable to UKELA to Angela at the Herbert Smith address.

CPD points

1.5TBC

The Corby case provides some important lessons relating to remediation of contaminated land sites.

16 children were allowed to seek compensation for birth defects they said were caused by the local authority being negligent, ignoring its statutory duties and causing public nuisance in cleaning up the British Steelworks near Corby town in Northamptonshire. This is the first time that a court has found that the negligent release of toxic materials into the atmosphere which could be inhaled by pregnant women is capable of causing serious birth defects in their children. The ruling could prove a significant concern for those involved in the redevelopment of brownfield sites, as the Court set a very high standard of care. A child has 21 years from birth to make this sort of claim and so similar proceedings could be brought in respect of projects dating back to the late 1980s.
This meeting addresses the legal and land condition issues which arise out of the Corby litigation. In particular, Paula Whittell (Berrymans Lace Mawer) will explain the background and consequences of the case from her point of view in acting for the local authority. Professor Paul Nathanail (University of Nottingham) will consider the work, the evidence, the standards and the prospects for recurrence.
The meeting is chaired by Richard Kimblin, of No 5 Chambers and convenor of UKELA's Environmental Litigation Working Party.
Registration and coffee/tea from 5.30. Drinks from 7.30.

Speakers

Paula Whittell is a partner in the Manchester office of Berrymans Lace Mawer. She was the Solicitor with conduct on behalf of the council throughout the Corby Group litigation. She specialises in Environmental / Personal Injury Group Litigation, has 12 years of clinical negligence experience in catastrophic injuries and 8 years expertise in dealing with complex and high-value defendant insurance cases and recovery cases.

Paul Nathanail:
• What DID the judge say about the works?
• What did the judge say about the witnesses?
• What did the judge say about the causal link?
• What were the standards of the time?
• What else was happening at the time?
• How could it happen again?
Professor Nathanail runs the unique part time distance learning masters in Contaminated Land Management at the University of Nottingham. He combines an academic career with being managing director of Land Quality Management Ltd, a consultancy internationally renowned for its cutting edge contaminated land services. He is a Specialist in Land Condition and represents the Geological Society on the SILC PTP. He has appeared as an expert witness on numerous occasions in various legal contexts.

Organised by

Begonia Filgueira/Angela Pallett, tel: 01306 500090. You can also contact by email.

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