Corby Toxic Town solicitor warns in all probability 'we will not be able to avoid legal action' against council

Senior partner at Collins Solicitors, Mr Collins represented local families in the landmark 2009 High Court battle against Corby Borough Council, which established liability for birth defects caused by toxic dust dispersal from the botched steelworks clean-up.

Corby Borough Council agreed to a total settlement of £14.6m in compensation and legal costs for 19 children and families.

Concerned families and campaigners including groups looking into childhood cancer rates and waterway pollutants have joined to test water and soil in the Corby area, with results made public last weekend.

The findings indicate that some metals are present in freshwater at levels that could pose a risk to aquatic life, and in soil at levels that could impact human health, particularly in areas close to known historic waste sites.

Mr Collins said: “I think if any legal action can be avoided, it should be avoided. But I also think that in all probability, we will not be able to avoid legal action.

“The action of the response of North Northamptonshire (Council) over the past 18 months has not given me any hope that they will, in the immediate future, look at this sensibly and respond to the legitimate concerns of the residents.”

North Northamptonshire Council took over from Corby Borough Council in 2021 and inherited many of the authorities responsibilities and powers.

Mr Collins said: “Corby Borough Council was the council responsible for the disposal of the contaminated waste all those years ago. North Northamptonshire Council inherited that responsibility.

"It can't simply say, well, sorry, that was Corby Borough Council 30 years ago. No, it's their responsibility. They know where this material is. They know it shouldn't be buried where it is and they can't be avoiding this issue any more.”

The new larger group includes some of the families from the first legal action. In the original toxic town litigation numbers had to be limited to upper and lower limb defects.

This time the action will look to include other health issues.

Mr Collins said: “It appears 30 years later we're no further forward. So we go back in time – all the health issues which have arisen as a result of the negative disposal of waste. It's limb differences, It's cancer. We go right across the board. What we're doing is focusing not on the end result, which clearly is very, very important to the residents, but we've got to come back through what’s wrong, where it's wrong, why it's wrong, and use the the decision which we obtained in the toxic town litigation, which was the council has an obligation to do things properly, is in breach of that duty and that duty caused problems.”

The new case will take in physical and mental health issues including cancers and will use evidence from the first case as a basis for any action.

He said: “We know some of the answers of the questions we're putting to the council, but we can't assume that we're right.

“So if let's say we had 20 questions to put to the council, we've got a fair idea for the work we did last time that, have answers probably to 15. It gives us a better start. We are in a much better position to succeed because we've been there before. And this time I think we can succeed again.”

Mr Collins estimates the litigation process will take a ‘long time’.

He said: “I don't think it will be a quick process. It's litigation, takes a long time and by its very nature, it takes as long as people will continue fighting. A lot of the questions which we ask, the council will say it's not in the public interest for the for us to provide that information to the residents.

“Now, everyone who's heard that response lifts their eyebrows and says, ‘you can't be serious’ but they keep maintaining it as a once we've put that position before a judge with all the background facts, I've no doubt that the judge will take the same view.”

Mr Collins also warned that the costs will spiral, adding: “It will cost a lot of money. But the quicker they see sense and let’s get on and sort this out once and for all the money will stop being spent.”