Category: environmental health

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

Posted March 5th, 2021 in appeals, chambers articles, class actions, compensation, damages, duty of care, environmental health, environmental protection, jurisdiction, news, pollution, Supreme Court by sally

‘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.”‘

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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.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

Environmental Law News Update – Six Pump Court

Posted February 19th, 2021 in bills, chambers articles, delay, energy, environmental health, environmental protection, news, waste by sally

‘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.’

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Six Pump Court, 5th February 2021

Source: www.6pumpcourt.co.uk

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

Posted February 18th, 2021 in civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, negligence, news, personal injuries, proportionality, subsidiary companies by sally

‘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.’

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Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

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

Posted February 15th, 2021 in appeals, civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, health, jurisdiction, negligence, news, personal injuries, proportionality by sally

‘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.’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

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

Posted December 18th, 2020 in causing death of children or vulnerable adults, children, environmental health, inquests, London, news, pollution by sally

‘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?’

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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.’

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The Guardian, 16th December 2020

Source: www.theguardian.com

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

Posted December 2nd, 2020 in bereavement, causing death of children or vulnerable adults, children, environmental health, government departments, inquests, London, news, pollution, road traffic by tracey

‘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.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

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

Posted November 30th, 2020 in accidents, appeals, arbitration, barristers, bias, damages, disclosure, environmental health, insurance, news, solicitors, Supreme Court by sally

‘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.’

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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

Posted November 30th, 2020 in accidents, appeals, arbitration, bias, damages, disclosure, environmental health, insurance, news, Supreme Court by sally

‘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.’

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UKSC Blog, 27th November 2020

Source: ukscblog.com

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

Posted November 30th, 2020 in bereavement, causing death of children or vulnerable adults, children, coroners, environmental health, families, government departments, inquests, news, pollution by sally

‘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.’

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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.’

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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.’

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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.’

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The Guardian, 24th August 2020

Source: www.theguardian.com

Environmental Law News Update – Six Pump Court

Posted July 8th, 2020 in chambers articles, climate change, consultations, environmental health, environmental protection, news by sally

‘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.’

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Six Pump Court, 2nd July 2020

Source: www.6pumpcourt.co.uk

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

Posted June 24th, 2020 in appeals, energy, environmental health, environmental protection, news, pollution, Supreme Court by sally

‘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.’

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The Guardian, 23rd June 2020

Source: www.theguardian.com

Lords seek to allow gene-editing in UK ‘to produce healthy, hardier crops’ – The Guardian

Posted June 15th, 2020 in agriculture, bills, environmental health, environmental protection, news, parliament by sally

‘Peers are preparing plans to legalise the gene-editing of crops in England, a move that scientists say would offer the nation a chance to develop and grow hardier, more nutritious varieties. The legislation would also open the door to gene-editing of animals.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Environmental Law Podcast – Six Pump Court

Posted June 3rd, 2020 in coronavirus, environmental health, environmental protection, news, podcasts by sally

‘This month the Podcast partners with the UK Environmental Law Association (UKELA), to bring you a COVID-19 special where we hear from environmental regulators on how the pandemic is affecting operations.’

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Six Pump Court, 19th May 2020

Source: www.6pumpcourt.co.uk

Don’t put it in writing! Problems in store for Local Authority Environmental Crime – St Philips Barristers

Posted June 3rd, 2020 in chambers articles, environmental health, environmental protection, jurisdiction, local government, news, waste by sally

‘Joint Deputy Head of St Philips Regulatory Team, Ben Mills gives his expert analysis of Walker v Chelmsford City Council [2020] EWHC 635 (Admin) and its consideration of s108 (4) Environment Act 1995.’

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St Philips Barristers, 7th May 2020

Source: st-philips.com

R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building

Posted June 3rd, 2020 in chambers articles, disability discrimination, disabled persons, environmental health, equality, human rights, local government, news, noise, nuisance by sally

‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’

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Francis Taylor Building, 21st May 2020

Source: www.ftbchambers.co.uk