Sustainabilitylive! 2012 Seminar Programme - Corby and Asbestos is there a risk of more claims?

Corby BC was found liable for negligence for mismanagement of the reclamation between 1982 and 1997. Negligence carries a duty of care to avoid causing harm to those who you can reasonable foresee are likely to be adversely affected by what you do. The difference for the professional adviser/expert contractor from the ordinary man is that the duty is heavier. Demolition contractors have traditionally removed asbestos or buried it on site, but the land has not been tested for remaining fibres. Asbestos becomes friable in the soil with time, and can become airborne. This risk increases with time. Negligence for not testing for asbestos can give rise to two types of claim. 1. claims from individuals or groups of people now living on the land or nearby who have developed mesothelioma. They have 3 years from discovering their condition in order to make a claim, however long it has been since the original remediation, a Corby type situation. 2. More immediately, there will be claims for costs of remediation by the landowners against the consultants who advised on the original work. These claimants have 3 years from the time when they discover the problem, to a long stop of 15 years. The latest figures show that more than three quarters of new homes are now built on brownfield sites. There is a very real risk of this litigation for many years to come. This would be suitable for consultants contractos and developers