Trustee's liabilities for contaminated land

The Government's 166-page draft circular and statutory guidance for the new contaminated land regime was published in October (ENDS Report 297, pp 45-46 ). But two months earlier the High Court had already considered the implications of potential liabilities under the system in what appears to the first case on the subject. X v A, B, and C (High Court of Justice, 30 July 1999) concerned the powers of trustees faced with future liabilities concerning contaminated land, and the Court's decision clearly recognises that these liabilities may be large.

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