Legal experts debate Government liability for toxic air deaths

09/07/2018 | KELSEY VANNER

In the wake of the tragic death of a nine-year-old girl, linked by scientists to air pollution, experts are debating how the 'evolving law' in this area can hold public bodies liable for fatalities related to air pollution.

Ella Roberta Kissi-Debrah died in 2013 after making 27 visits to hospitals in three years due to asthma attacks.

A report from Professor Stephen Holgate based at University of Southampton is being submitted as part of an appeal to the attorney general to reopen an inquest into Ella’s death, after finding a ‘striking association’ between her condition and spikes in toxic air.

Subsequently, legal experts have started to debate whether the Government and local authorities can be held liable for death and illness related to air pollution. 

ClientEarth lawyer Ugo Taddei said: ‘This is the latest of a growing wave of legal actions based on human rights, where courts are called upon to establish a link between air pollution and health impacts suffered by particular individuals. If established in the courts, this precedent could be very significant and pave the way to many other damages cases.’

The environmental campaigners compared the case to events on the continent. ClientEarth pointed out that in France citizens are suing the national government for compensation over the health impacts from air pollution, while in Italy industrial plants are being seized and managers sentenced to prison for the damage caused to the health of the population from the emissions.

The legal charity stated: ‘The law in this area is evolving. Governments and corporations should be wary. It may not be long before courts will start to award hefty compensation to the thousands of people suffering from the impacts of polluted air.’

However, Highways spoke to a legal source who said ‘a breach of air pollution limits does not give rise to a cause of action in a civil claim for damages for death or injury sustained due to air pollution’ and therefore they could not see the government or local authorities being held accountable.

Highways InProfile

latest magazine issue
Highways jobs

UGO bus Coordinator

£26357.00 - £31008.00 per annum + pension
UGO bus CoordinatorPermanent, Full Time£26,357 to £31,008 per annumLocation
Recruiter: Essex County Council

Head of Highways Contracts & Network

£81,803 progressing to £90,664 per annum
This role is fundamental to the success of the Highways Service. Hertfordshire
Recruiter: Hertfordshire County Council

Senior Civil Engineer - Major Projects x 4

£45,894.00 - £54,952.00
We are looking for experienced engineers to help us progress a number of key projects and programmes Glasgow, Glasgow City
Recruiter: Transport Scotland

Technician - Maintenance

£31001.0000 - £36471.0000 per annum
Essex Highways is responsible for managing and maintaining one of the largest highway networks in the country
Recruiter: Essex County Council

Highways Contract Engineer

£46,731 - £49,764
The team helps provide a safe road network that operates efficiently and effectively.  Northamptonshire
Recruiter: North Northamptonshire Council

Principal Transport Planner

£46,731 - £49,764 (pro-rata)
We are looking for an experienced professional to join us on a six-month temporary contact as a Principal Transport Planner. Kettering, Northamptonshire
Recruiter: North Northamptonshire Council

Highways Maintenance Operative

£Competitive
We have a fantastic opportunity for a Permanent Highways Maintenance Operative Broughton, Brigg
Recruiter: Amey

Head of Highways Contracts & Network

£81,803 progressing to £90,664 per annum
The team includes approximately 60 directly employed HCC people Hertfordshire
Recruiter: Hertfordshire County Council

Principal Construction Manager

£Competitive
We are excited to offer a fantastic opportunity for a Permanent Principal Construction Manager Yorkshire and the Humber
Recruiter: Amey

Quality Technician

£Competitive
We are excited to offer a fantastic opportunity for a Permanent Quality Technician Yorkshire and the Humber
Recruiter: Amey

Senior Highway Engineer (Development Management)

£42679.0000 - £50211.0000 per annum
Senior Highway Engineer (Development Management)Permanent, Full Time£43,960 to £51,718 per annum*Location
Recruiter: Essex County Council

Project Manager (Major Projects)

£44,711 - £47,754
Are you an experienced project professional or engineer with looking to take the next step in your career? Halifax, West Yorkshire
Recruiter: Calderdale Metropolitan Borough Council

Senior Civil Engineer - Roads

£45,894 - £54,952
Are you an experienced engineer looking to support the Scottish Government’s national objectives. Scotland
Recruiter: Transport Scotland

Project Team Manager

£55,147 to £60,676 per annum
We are pleased to be able to offer an opportunity for a role as Design Team Manager Norwich, Norfolk
Recruiter: Norfolk County Council

Clerk of Works

GRADE 08 (£37,938 - £41,511)
Warrington is one of the most successful towns in the country Warrington, Cheshire
Recruiter: Warrington Borough Council

Assistant Projects Engineer

GRADE 06 (£29,093 - £32,654),GRADE 07 (£33,366 - £37,035), GRADE 08 (£37,938 - £41,511)
Warrington is one of the most successful towns in the country Warrington, Cheshire
Recruiter: Warrington Borough Council

Principal Engineer - Traffic Management

£45,718 - £48,710 per annum
At Bath & North East Somerset Council we have one overriding purpose – to improve people’s lives. Bath, Somerset
Recruiter: Bath & North East Somerset Council

Vehicle Technician - Improver

£28,624 - £30,060
Transport Services is responsible for all aspects of transport and related services Huddersfield, West Yorkshire
Recruiter: Kirklees Metropolitan Council

Programme Delivery Office Administrator

Grade 9 £31,344 - £33,253 per annum
At Derbyshire, we have been on a journey to transform the way we deliver highway services to make them fit for the future Derbyshire
Recruiter: Derbyshire County Council

Support Officer - Highways Asset Management Systems

£31,586 - £34,314
We are a forward-thinking organisation dedicated to maintaining and improving our highway infrastructure. Lincolnshire
Recruiter: Lincolnshire County Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW