Liability for the Escape of GM Seeds: Pursuing the ‘Victim’?

The widespread commercial cultivation of GM crops in the EU and the UK is getting closer. Intense concerns about the uncertain health and environmental effects of GM farming have been the subject of high profile debate. The effects of GM farming on existing forms of agriculture, raised by the prospect of cross–pollination by GM seed, provoke similarly polarised views. However, whilst regulatory developments have been strongly influenced by environmental and health concerns, the socio–economic impact of GM agriculture is relatively neglected in current regulatory approaches. The authors examine various possible legal responses to unwanted cross–pollination by GM seed, and contend that the law is likely to struggle to cope with the conflicts that may arise.