Corby Group Litigation v Corby Borough Council [2008] EWCA Civ 463

Written By Nicolas Heyes

Court of Appeal

Basic Facts: 18 claimants, born with deformities, sued Corby Borough Council, alleging that contamination during the decontamination of nearby land caused their deformities. One of their claims was for public nuisance, which D argued could not be used for personal injury.

Issue for the Court: Does the tort of nuisance extend to damage to health?

Held : the Court of Appeal held in favour of the claimants and did not strike out the public nuisance claim.

Dyson LJ:

  • Damages for personal injury cannot be recovered in private nuisance, as established in Hunter and Transco.

  • However, public nuisance differs from private nuisance.

    • Public nuisance can involve issues beyond land infringement, such as public health.

  • Thus, claims for personal injury under public nuisance can proceed, as the torts serve different purposes.

Nicolas Heyes
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