Poisoned Chalice (August 2006, Justine Thornton and Martin Edwards)

Articles14th August 2006

This article was originally published in Solicitors Journal in August 2006.

“On 17th May, the High Court handed down judgment on liability for the acts of statutory predecessors under the contaminated land regime. In R (National Grid Gas plc (formerly known as Transco)) v The Environment Agency [2006] EWHC 1083 (Admin), Transco sought judicial review of the Environment Agency’s decsion that it was liable for contaminated land it inherited on privatisation of the gas industry. While Transco itself did not cause the contamination, one or more of its predecessor gas companies did and a statutory transfer property, rights and liabilities from these companies to Transco. Forbes J firmly dismissed Transco’s application, but has given the company permission to seek leave to appeal from the House of Lords…”