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Families win birth defect battle Families win birth defect battle
(30 minutes later)
Families who claim their children were born with defects caused by exposure to toxic waste in Northamptonshire have won their legal battle.Families who claim their children were born with defects caused by exposure to toxic waste in Northamptonshire have won their legal battle.
They had sued Corby Borough Council, claiming deformities to hands and feet were due to mothers being exposed to a "soup of toxic materials". They sued Corby Borough Council, saying deformities to hands and feet were due to mothers being exposed to a "soup of toxic materials" between 1985 and 1999.
The council had denied negligence during steel plant reclamation works.The council had denied negligence during steel plant reclamation works.
It had insisted at London's High Court there was no link between the clean-up and any defects. Chief executive Chris Mallender said he was "surprised and disappointed" by the ruling at the High Court in London.
The case at London's High Court related to birth defects in 18 young people aged between nine and 22, with links to Corby - however, Mr Justice Akenhead said his ruling on liability did not cover the two youngest claimants. He said: "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."
'Atmospheric soup' The council had argued in court that there was no link between the clean-up and any defects.
The case related to birth defects in 18 people aged between nine and 22 with links to Corby.
However, Mr Justice Akenhead said his ruling on liability did not cover the two youngest claimants.
Some of those affected have missing or underdeveloped fingers and three have deformities on their feet.Some of those affected have missing or underdeveloped fingers and three have deformities on their feet.
For both local authorities and developers alike this is a significant concern Corby Council's legal representativesBerrymans Lace Mawer
Among them, is Simone Atkinson who was born with fingers missing from both hands.Among them, is Simone Atkinson who was born with fingers missing from both hands.
The 680-acre British Steel works in the town closed in 1980 with the loss of 10,000 jobs and its buildings were gradually demolished with waste removed to a quarry to the north of the site. The 680-acre British Steel works in the town closed in 1980 with the loss of 10,000 jobs.
Eighteen children were born with deformities to their hands and feet Its buildings were gradually demolished, with waste removed to a quarry to the north of the site.
The mothers told the court how they either lived in or regularly visited Corby while pregnant.The mothers told the court how they either lived in or regularly visited Corby while pregnant.
Some said in evidence that the town seemed "dusty" or "dirty" and David Wilby QC told Mr Justice Aikenhead the disabilities were caused when the women ingested or inhaled toxic substances. Some said in evidence that the town seemed "dusty" or "dirty".
The borough council had denied the claims and said while it "has a great deal of sympathy with the children and their families", its own expert witnesses were adamant the clear-up was carried out safely and thoroughly. David Wilby QC told Mr Justice Aikenhead the disabilities were caused when the women ingested or inhaled toxic substances.
Following the judgment, David Wilby QC, leading counsel for the claimant children, said: "The defendant has throughout strenuously denied any fault and relied heavily on its expert witnesses to justify its conduct. Mr Mallender said the council recognised mistakes were made and accepted some of the criticism, but said it had still not seen evidence to confirm a causal link between the work and the defects.
The council's legal representatives Berrymans Lace Mawer said they were surprised by the findings of the court.
Eighteen children were born with deformities to their hands and feet
In a statement, they said there were more than 400 pages of judgment to review and that the council would be considering its position.
The statement said: "The judge concluded that this contamination affected pregnant women.
"A child, so affected, has 21 years from birth to make a claim and thus any work since the late 1980s which has not met the standard of care indicated in this judgment could be challenged in this way.
"For both local authorities and developers alike this is a significant concern because the standard of care has been drawn very highly, and could cause a rethink of the way that reclamation is carried out in the UK, even though the facts of the case are historic."
Following the judgment, Mr Wilby, leading counsel for the claimant children, 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.""However, without exception, the judge preferred the evidence of the expert witnesses called by the claimants."
The issue of causation will be decided at a later date.