‘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.”‘

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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

Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

Supreme Court Shell ruling “big step forward” for access to justice – Litigation Futures

Posted February 16th, 2021 in choice of forum, class actions, news, oil wells, pollution, Supreme Court by sally

‘Campaigners have welcomed Friday’s Supreme Court ruling on claims brought by the victims of oil pollution in the Niger Delta as a major step forward for those seeking access to justice for corporate abuses.’

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Litigation Futures, 15th February 2021

Source: www.litigationfutures.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?’

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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

‘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

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

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.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

High Court strikes out “unmanageable” 200,000-strong group action – Litigation Futures

Posted November 10th, 2020 in abuse of process, choice of forum, class actions, news, pollution, striking out by sally

‘The High Court has struck out a claim brought on behalf of more than 200,000 claimants over a dam collapse in Brazil, saying it risked becoming “the largest white elephant in the history of group actions”.’

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Litigation Futures, 9th November 2020

Source: www.litigationfutures.com

Judge condemns late argument in “forensic arms race” of a case – Litigation Futures

‘A High Court judge has strongly attacked the claimants in what he described as a “forensic arms race” over a complex claim by 202,000 Brazilian people and businesses following the collapse of a dam in 2015.’

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Litigation Futures, 7th October 2020

Source: www.litigationfutures.com

Coalition calls for new laws to end sewage discharges into UK waters – The Guardian

Posted September 30th, 2020 in bills, environmental protection, news, pollution, statistics, waste, water, water companies by sally

‘A coalition of river and sea organisations is calling for targets for water companies to reduce sewage discharges to be included in the upcoming environment bill.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Court of Appeal refuses VW permission to appeal Dieselgate ruling – Litigation Futures

‘The Court of Appeal has refused Volkswagen permission to appeal the decision that it tried to cheat clean air regulations.’

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Litigation Futures, 7th August 2020

Source: www.litigationfutures.com

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.’

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The Guardian, 23rd June 2020

Source: www.theguardian.com

Lawsuit alleges defeat devices in Nissan petrol cars – BBC News

Posted June 23rd, 2020 in news, pollution, road traffic by sally

‘Up to 1.4 million Renault and Nissan vehicles sold in Britain could be equipped with illegal defeat devices, according to a lawsuit being launched today.’

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BBC News, 23rd June 2020

Source: www.bbc.co.uk

Guidance on the court’s approach to challenges to planning permissions for quarrying in green belt (Haden v Shropshire Council) – No. 5 Chambers

Posted January 28th, 2020 in equality, health, local government, news, planning, pollution by sally

‘Planning analysis: In Haden v Shropshire Council, the High Court rejected a legal challenge to a local planning authority’s (LPA’s) decision to grant planning permission for development of a sand and gravel quarry in the green belt. Nina Pindham, a barrister at No5 Barristers’ Chambers and counsel for the defendant, considers the case and its implications.’

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No. 5 Chambers, 23rd January 2020

Source: www.no5.com

Timetable set for new inquest into ‘air quality’ death of child – Local Government Lawyer

‘A new inquest into the death of 9 year-old Ella Kissi-Debrah will be held November or December this year, following the ordering of a new inquest by the high court last year.’

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Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

Environmental Law News Update – Six Pump Court

Posted December 4th, 2019 in climate change, environmental protection, news, political parties, pollution by sally

‘In this latest Environmental Law News Update, Mark Davies, Angelica Rokad and William McBarnet consider the first ever televised climate change debate, coverage of environmental issues in the Conservative election manifesto and the recent prosecution of Weetabix for polluting the River Ise.’

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Six Pump Court. 3rd December 2019

Source: www.6pumpcourt.co.uk

Environmental Law Podcast – November 2019 – Six Pump Court

Posted November 26th, 2019 in environmental protection, financial regulation, news, nuisance, pollution by sally

‘The latest monthly environmental law news podcast presented by Christopher Badger and Mark Davies in association with LexisPSL, is now available.’

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Six Pump Court, 22nd November 2019

Source: www.6pumpcourt.co.uk

Anger as River Teifi pollution plant avoids prosecution – BBC News

Posted September 3rd, 2019 in accidents, animals, environmental protection, fines, news, pollution, prosecutions, Wales, water by sally

‘Anglers are “appalled and dismayed” at the decision not to prosecute a company that polluted a river, killing about 18,000 fish.’

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BBC News, 2nd September 2019

Source: www.bbc.co.uk