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Families win birth defect battle Families win birth defect battle
(10 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 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.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 was found negligent over work to reclaim a steel plant.The council was found negligent over work to reclaim a steel plant.
Chief executive Chris Mallender said he was "surprised and disappointed" by the ruling at the High Court in London.Chief executive Chris Mallender said he was "surprised and disappointed" by the ruling at the High Court in London.
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."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."
The case related to birth defects in 18 people aged between nine and 22 with links to Corby.The case related to birth defects in 18 people aged between nine and 22 with links to Corby.
'Extensively negligent''Extensively negligent'
However, Mr Justice Akenhead said his ruling on liability did not cover the two youngest claimants.However, Mr Justice Akenhead said his ruling on liability did not cover the two youngest claimants.
In his judgement, he said there was a "statistically significant" cluster of birth defects between 1989 and 1999.In his judgement, he said there was a "statistically significant" cluster of birth defects between 1989 and 1999.
For both local authorities and developers alike this is a significant concern Corby Council's legal representativesBerrymans Lace Mawer Battle to prove birth defects linkFor both local authorities and developers alike this is a significant concern Corby Council's legal representativesBerrymans Lace Mawer Battle to prove birth defects link
He said: "There was an extended period between 1983 and August 1997 in which Corby Borough Council was extensively negligent in its control and management of the sites which they acquired from British Steel and otherwise used.He said: "There was an extended period between 1983 and August 1997 in which Corby Borough Council was extensively negligent in its control and management of the sites which they acquired from British Steel and otherwise used.
"Corby Borough Council is liable in public nuisance, negligence and breach of statutory duty, obviously subject to it being established in later proceedings by individual claimants that their particular conditions were actually caused by the defaults identified in this judgment.""Corby Borough Council is liable in public nuisance, negligence and breach of statutory duty, obviously subject to it being established in later proceedings by individual claimants that their particular conditions were actually caused by the defaults identified in this judgment."
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.
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.
She said: "Every day I get constant pain... it irritates me a lot but I just have to live with it and have done for 20 years.She said: "Every day I get constant pain... it irritates me a lot but I just have to live with it and have done for 20 years.
Family solicitor Des Collins: "They made the children suffer for ten years"Family solicitor Des Collins: "They made the children suffer for ten years"
"I got bullied quite a lot, called four-fingered freak - even now there's things I get called from ex-partners. But you just live with it.""I got bullied quite a lot, called four-fingered freak - even now there's things I get called from ex-partners. But you just live with it."
The 680-acre British Steel works in the town closed in 1980 with the loss of 10,000 jobs.The 680-acre British Steel works in the town closed in 1980 with the loss of 10,000 jobs.
Its buildings were gradually demolished, with waste removed to a quarry to the north of the site.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".Some said in evidence that the town seemed "dusty" or "dirty".
David Wilby QC told Mr Justice Aikenhead the disabilities were caused when the women ingested or inhaled toxic substances.David Wilby QC told Mr Justice Aikenhead the disabilities were caused when the women ingested or inhaled toxic substances.
'Standard of care''Standard of care'
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.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.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 feetEighteen 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.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.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."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.""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.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."