On 1 August 2009 it was announced that the decision by Corby Borough Council regarding whether or not to appeal the ruling would be taken on 18 August 2009, the day before the deadline for appeal decisions to be submitted to Mr Justice Akenhead. Unusually, the authority decided that openness and public opinion were required at the extraordinary full council sitting after which councillors will vote on whether to appeal or instead pay the compensation to 16 children who were born with birth defects.
Chief Executive Chris Mallender stated: "The council is doing the right thing by reaching the decision in public. We will be starting the meeting at 6pm so we can give the opportunity for [the public] to speak," a move he said would make sure councillors' decisions reflected public opinion.
The council, which has an annual budget of £12m, has already spent £1.9m fighting the case and has now received a bill for £4.7m from the families' solicitor.
At the meeting the council voted to appeal against the ruling but said that they would follow a "twin track" approach, preferring to attend independent mediation sessions to come to an out-of-court settlement with the families. They also stated that any mediation would include the cases of the two youngest claimants despite these not being covered by the ruling. The chief executive gave a statement that if a causal link between the toxins and the limb deformities was ever proven he would "offer an unreserved apology", however he believed "that the judgement is unsound and will be found wanting on appeal."