Groundwater pollution by chlorinated solvents: the landmark Cambridge Water Company case

Abstract

Abstract The case of Cambridge Water Company v Eastern Counties Leather plc and v Hutchings and Harding Ltd is believed to be the first case this century in which common law principles have been applied to groundwater pollution in England. The case concerned the pollution of a public water supply borehole at Sawston, Cambridgeshire, by the chlorinated solvent tetrachloroethene, and the attempts by the water company to recover damages from the alleged polluters. Following discovery of the pollution in 1983 and subsequent investigations, the case was heard in the High Court in 1991, the Court of Appeal in 1992, and was finally decided by the House of Lords in 1993. This paper sets out the background and chronology of the case, reviews the investigations into the nature and extent of groundwater pollution, and then considers the legal arguments and findings of the courts and the House of Lords. The paper concludes with a discussion of some of the technical implications of this case, especially in relation to the collection of hydrogeological evidence.