The recent Netflix docuseries “Toxic Town” was a much lauded and popular watch, meeting with positive reviews and media attention.
It told the story of a remarkably sad (but true) account of environmental contamination in the town of Corby, Northamptonshire in 1980s and 1990s.
The contamination ultimately led to birth defects in a number of babies who were born to mothers who had been exposed to toxic substances.
The history of Corby – From steelmaking hub to environmental tragedy
Corby was a steel-making town founded principally on the Stewart & Lloyds (later British Steel) production site which was developed in 1930.
Over time, the town grew in population and became one of the foremost steelmaking functions in Western Europe.
By 1960 Corby had become heavily industrialised and dependant on the employment prospects generated by the site. In the early 1980s, British Steel took a decision to close the site.
The remediation process – How Corby Borough Council failed to address toxic contamination
The responsibility for remediation and cleanup of the site fell to Corby Borough Council (CBC). It was earmarked as a pilot for urban regeneration, new opportunities and affordable homes.
The remediation continued from 1984 through to 1999, involving excavation, soil removal and transportation, demolition, and reinstatement of ground levels.
The link between toxic contamination and birth defects in Corby
During a comparable period (through the late 1980s and early 1990s) it was noted that the rates of new babies suffering limb abnormalities was significantly higher (three times) than both the surrounding areas and the national average.
Viewers of the Netflix series will be familiar with the events that followed. In short, families identified a “connection”, but CBC denied liability and key documents mysteriously disappeared, or were not disclosed. Commercial inducements were revealed and serious procedural failings were exposed.
But for the resilience and commitment of the affected families and supporters (and a particularly committed lawyer, Des Collins) – it is likely that this tragedy may have remained unresolved.
The case was brought to trial in 2009 in the High Court and was ultimately decided in favour of the 18 Claimants.
It was decided that CBC had mismanaged the remediation process thus allowing harmful elements (such as zinc, boron, arsenic and nickel) to be ingested and/or inhaled by expectant mothers.
Consequently, the presence of such elements had led directly to the formation of limb defects in the unborn children.
There is an important evidential distinction to note – in that those toxic elements had always been present as a necessary by-product of the steel-making process.
British Steel had adequately supervised and controlled the elements at the material times. The subsequent removal of the “storage pits” and the relocation of the elements, as part of the restoration process (by CBC), was effectively the reason for the spread and ingestion.
CBC suffered serious and substantial criticism in the Judgment and also from the media. Much was said as to their negligence, recklessness and general incompetence in managing very many stages of the removal and restoration processes.
A landmark legal decision
The decision remains a “landmark” in English law in establishing a direct link between atmospheric toxic waste and birth defects.
The consequences have become wide ranging for Local Authorities, for Public Agencies, for remediation/reclamation operators and for property developers.
CBC failed to formalise an appeal of the decision but still (at that stage) maintained a denial of responsibility in the face of a damning and well-reasoned Judgment.
Ultimately, CBC reached private settlements with the families of the affected babies. Post settlement, in a joint statement, CBC finally conceded to “mistakes”, coupled with a formal apology.
What happened at Corby was an avoidable tragedy of the most serious kind, with life-changing implications.
It was certainly avoidable and (arguably) the failings rested with mismanagement, failures to communicate and regulatory shortcomings – all of which should be deeply regretted with lessons learned.
The Corby scandal should never be permitted to repeat itself elsewhere.
Legal implications of the Corby case
From a legal perspective, the pervasive features of the case relate to issues in negligence, nuisance, breach of duty and limitation.
However, the impact from Corby has other positive, significant and far-reaching consequences in influencing environmental policies, public sector oversight and regulatory frameworks.
In the modern era (30 years post Corby) the social agenda is now much more closely focused on urban redevelopment and industrial reclamation, reflecting a need for housing, for public amenity and for commercial/leisure facilities.
I am pleased to say that public health considerations, sustainable development policies, environmental competences and operational realities are becoming more aligned with the desire for growth, ambition and improved standards of living.
At Dyne Solicitors we are experts in environmental, contamination and waste matters. We specialise in advising and representing operators, hauliers and environmental businesses in compliance and litigation cases.
Contact Alex Sandland today to ensure your business is fully compliant with the latest regulations.