The Corby Borough Litigation settled last week after the case lost in court in July 2009 and a full appeal was lodged.
The appeal from the judgement last July was made on strong grounds, and had it gone ahead may well have succeeded. There were 142 grounds,[2 or 3 are usual in
most appeals in the UK] The issue of foreseeability was particularly strong.
Mediation, a process in which all parties in major litigation are encouraged to take part, is a good opportunity to get parties talking, and to see if there
is a commercial way through the process, to settle taking into account all risk factors for each side. One such path was found here.
The mediation took a whole week, and the settement has been reached on both costs and damages, details of which cannot be disclosed. This is one of the advantages
of mediation; it takes place under total confidentiality, which is valued for reasons of commerce or claimant vulnerability [here the claimants were children].
The effect of this settlement is that the case stops here.There will be no appeal and the judgement last summer will remain in place for others to challenge.
It is very easy to read the judgement and to think the worst. However,the council has always maintained that the reclamation work which up was up to the industry
standardards of the day and the same work will be found all over the UK.
Corby Borough Council has become a defendant and has been in the spotlight for many years. These are the only things to differentiate this town from others
in the reclamation business. The town is now growing fast and apart from the judgement is a success story.