Beware the Councilor - A Councilor's Liability for Environmental Damages
Green Blue White, Vol. 31
Tzvi Levinson, Advocate
The liability of a councilor (an environmental expert included) may be based in four known doctrines: Negligence; Negligent mis-presentation; Strict liability; and liability rising out of a contract. The article describes the recent ruling of the High Court in Urban Regeneration Agency and English Partnerships (Medway) Ltd. v. Mott MacDonald (case 1996, NJ 736, October 1998), one of the yet few rulings concerning the liability of an environmental councilor for damages. The article also provides advice for environmental councilors on how to best define the scope of their liability and avoid future litigation.