Court of Appeal revives “unmanageable” £5bn class action – Legal Futures

‘A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.’

Full Story

Legal Futures, 28th July 2021

Source: www.legalfutures.co.uk

Activists lose legal bid to stop £27bn roads plan for England – The Guardian

‘Campaigners have lost a legal challenge to the government’s £27bn roadbuilding programme after the high court dismissed their application for a judicial review.’

Full Story

The Guardian, 26th July 2021

Source: www.theguardian.com

Laws of nature: could UK rivers be given the same rights as people? – The Guardian

Posted July 19th, 2021 in environmental health, environmental protection, human rights, news, water by michael

‘In 2018, Frome Town Council tried to pass a bylaw giving part of the river [Frome] and the adjacent Rodden meadow the status of a person in law. This would establish their right to exist, flourish and thrive, and for the river to flow freely and have a natural water cycle, as well as ensuring timely and effective restoration if they were damaged.’

Full Story

The Guardian, 17th July 2021

Source: www.theguardian.com

UK’s Environment Agency faces legal fight over landfill fumes – The Guardian

Posted July 7th, 2021 in environmental health, government departments, health, news, waste by sally

‘A five-year-old boy from Staffordshire has begun legal action against the Environment Agency over fumes from a landfill site that a medical expert has said is shortening his life expectancy.’

Full Story

The Guardian, 6th July 2021

Source: www.theguardian.com

‘Not a mini-trial’: Supreme Court explains the correct approach in jurisdiction challenges – Littleton Chambers

‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days.”‘

Full Story

Littleton Chambers, 3rd March 2021

Source: littletonchambers.com

UK broke law by ‘systematically and persistently’ breaching air pollution limits, top court rules – The Independent

Posted March 5th, 2021 in brexit, EC law, environmental health, government departments, news, pollution by tracey

‘The EU’s top court court has ruled that the UK broke the law by “systematically and persistently” breaching air pollution limits.’

Full Story

The Independent, 4th March 2021

Source: www.independent.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Charles Morgan, Noémi Byrd and Mark Davies consider a recent case involving the application of Energy National Policy Statements to nationally significant infrastructure projects, developments on legislation to curb sewage overflows and further delays for the Environment Bill.’

Full Story

Six Pump Court, 5th February 2021

Source: www.6pumpcourt.co.uk

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

Full Story

Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

Full Story

UKSC Blog, 12th February 2021

Source: ukscblog.com

Air pollution death ruling: What comes next? – BBC News

‘For the first time in the UK – and possibly the world – air pollution has been recognised as a cause of a person’s death. But was the ruling just a one-off? And what does it mean for others?’

Full Story

BBC News, 17th December 2020

Source: www.bbc.co.uk

Air pollution a cause in girl’s death, coroner rules in landmark case – The Guardian

Posted December 17th, 2020 in children, environmental health, inquests, news, pollution by tracey

‘A coroner has made legal history by ruling that air pollution was a cause of the death of a nine-year-old girl.’

Full Story

The Guardian, 16th December 2020

Source: www.theguardian.com

Landmark inquest to rule if air pollution killed London pupil – The Guardian

‘An inquest is to consider evidence that illegal levels of air pollution caused the death of a nine-year-old girl, in a landmark legal case. A coroner will be asked to rule that toxic levels of nitrogen dioxide, from the South Circular road in south London, led to the acute asthma attack that killed the primary school pupil, Ella Kissi-Debrah. Her mother, Rosamund, a former teacher, has fought for years for an inquiry into the role of air pollution from traffic in Ella’s death.’

Full Story

The Guardian, 30th November 2020

Source: www.theguardian.com

International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

Full Story

Litigation Futures, 30th November 2020

Source: www.litigationfutures.com

New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’

Full Story

UKSC Blog, 27th November 2020

Source: ukscblog.com

Landmark inquest to rule if air pollution killed London pupil – The Guardian

‘An inquest is to consider evidence that illegal levels of air pollution caused the death of a nine-year-old girl, in a landmark legal case.’

Full Story

The Guardian, 30th November 2020

Source: www.theguardian.com

Claimant fails in High Court challenge to grant of planning permission for creation of lake for rafting and canoeing – Local Government Lawyer

Posted October 30th, 2020 in environmental health, local government, news, noise, planning by sally

‘A local resident has lost a High Court case in which he claimed East Suffolk Council should not have given planning permission for the creation of a lake at a children’s adventure centre near his home.’

Full Story

Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal dismisses legal challenge over confiscation orders and costs of removing contaminated waste – Local Government Lawyer

Posted August 28th, 2020 in appeals, confiscation, Crown Court, environmental health, news, notification, waste by sally

‘The Court of Appeal has rejected a case in which two men argued that a Crown Court judge miscalculated confiscation orders made following a prosecution by the Environment Agency.’

Full Story

Local Government Lawyer, 27th August 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners lose legal challenge over Lake District 4×4 vehicles – The Guardian

Posted August 24th, 2020 in appeals, environmental health, news, parks, roads by sally

‘Drivers of 4×4 vehicles can continue to use off-road tracks in the Lake District after a judge dismissed a legal challenge from campaigners who argued the vehicles polluted the national park and endangered cyclists and ramblers.’

Full Story

The Guardian, 24th August 2020

Source: www.theguardian.com

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Nicholas Ostrowski, Natasha Hausdorff and Mark Davies consider a new consultation on the England Tree Strategy, a progress report from the Committee on Climate Change and the launch of a new National Framework for Water Resources.’

Full Story

Six Pump Court, 2nd July 2020

Source: www.6pumpcourt.co.uk

Shell faces UK supreme court case over Niger delta pollution – The Guardian

‘The fossil fuel company Shell must be held accountable for significant and systematic pollution caused by oil extraction in the Niger delta, lawyers will argue in the supreme court.’

Full Story

The Guardian, 23rd June 2020

Source: www.theguardian.com