Landmark case under Contaminated Land Regime settled out of court 05 May 2006

( Construction and Engineering )

Circular Facilities (London) Ltd v Sevenoaks District Council ([2005] EWHC 865) involved the first appeal brought under the Contaminated Land Regime (the "Regime") to be heard by the High Court. In 2005, the High Court overturned a magistrates' court decision holding a developer liable for clean-up costs under the contaminated land regime, and ordered a re-trial. The parties have, however, agreed to settle the matter out of court rather than proceed to a re-trial or appeal to the Court of Appeal. The outcome of this case is expected to have significant consequences for the future of the Regime.

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