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05 July 2007
Issue: 7280 / Categories: Legal News , Environment , Commercial
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Utility companies not liable for contaminated land

Utility companies and their shareholders are not liable for certain environmental liabilities—including site clean-up costs—of their predecessor entities, the House of Lords has ruled.

In R (on the application of National Grid Gas plc (formerly Transco plc)) v Environment Agency, the law lords allowed an appeal by National Grid Gas (NGG)—formerly Transco—against a High Court decision that it should contribute towards the cost of cleaning up sites contaminated by former gas companies.

The Environment Agency’s claim that NGG was an “appropriate person” for the purposes of Pt 2A of the Environmental Protection Act 1990 (EPA 1990), and should therefore pay towards the remediation of a former public gasworks site, was rejected by the court.

CMS Cameron McKenna partner Paul Sheridan says the House of Lords has effectively ruled that when passing Pt 2A in 1995, the then Parliament did not intend that this retrospective liability would overreach the intent of the Parliament at the time of the British Gas and other privatisations.
“This will no doubt give rise to considerable academic and constitutional debate,” he adds.

In the ruling Lord Scott said: “I find it extraordinary and unacceptable that a public authority, a part of government, should seek to impose a liability on a private company, and thereby to reduce the value of the investment held by its shareholders, that falsifies the basis on which the original investors, the subscribers, were invited by government to subscribe for shares.”

Issue: 7280 / Categories: Legal News , Environment , Commercial
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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