18 children who were born with upper limb deformities between 1986 and 1999 are making personal injury claims against Corby Council for allegedly exposing them to toxic materials while they were in the wombs of their mothers.
At the time of their pregnancies all mothers of the 18 making the personal injury claims lived close to land that had been bought by Corby Council from the British Steel Corporation for reclamation and decontamination.
However, the claimants allege that it was the decontamination process that was responsible for exposing them to toxic materials.
There are several separate claims for personal injury compensation included in the claimants' action. Only one has been contested by the council, that of causing "public nuisance".
Sitting at the Appeal Court, Lord Justice Dyson quashed the council's appeal, commenting, "I do not consider it is open to this court to decide that damages for personal injury are not recoverable in public nuisance."It cannot be said that this claim has no real prospects of success."
The personal injury claim will reach the High Court in Feburary of 2009, where the claimant's compensation lawyers can expect to find themselves arguing the case for more than a month.