“The reverse suffered by the claimants in the noisy motor racing case case before the Court of Appeal last month was something of a body blow to common lawyers and environmentalists. So this latest development in nuisance litigation should be welcome news.”
UK Human Rights Blog, 27th March 2012
Source: www.ukhumanrightsblog.com
Environmental and planning law newsletter (PDF)
Thirty Nine Essex Street, March 2012
Source: www.39essex.com
Barr and others v Biffa Waste Services Ltd [2012] EWCA Civ 312; [2012] WLR (D) 86
“Conventional principles of the law of nuisance were to be applied to a claim based on nuisance by smell from a waste tip operated pursuant to a waste management permit. The fact that the alleged interference did not breach the permit nor amounted to negligence did not mean that the user had to be deemed ‘reasonable’.”
WLR Daily, 19th March 2012
Source: www.iclr.co.uk
“For the last year or so, the law of nuisance has been in a state of flux pending this appeal. In this case about an odorous landfill, Coulson J had ruled that compliance with the waste permit amounted to a defence to a claim in nuisance, and that a claimant had to prove negligence in the operation of the landfill before he could claim in nuisance. The Court of Appeal has today reversed this decision.”
UK Human Rights Blog, 19th March 2012
Source: www.ukhumanrightsblog.com
“Cash payments for scrap metal are to be outlawed and fines ‘significantly increased’ to tackle the growing problem of metal theft.”
BBC News, 26th January 2012
Source: www.bbc.co.uk
“Householders will no longer face fines for making ‘innocent mistakes’ when putting out their bins under plans being announced by the government this week.”
The Guardian, 15th January 2012
Source: www.guardian.co.uk
“A skip hire firm boss has been given a year’s suspended sentence for illegally dumping waste which saved him up to £1.5m in charges.”
BBC News, 20th December 2011
Source: www.bbc.co.uk
Regina v Ideal Waste Paper Co Ltd and others: [2011] WLR (D) 370
“The absence of guidance relating to the permissible levels of contamination of waste which could legally be exported did not render criminal proceedings an abuse of process on grounds that the charges were so imprecise as to offend the requirements of the common law and of article 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms concerning accessibility and certainty of criminal offences.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
“A taskforce has been set up by the Environment Agency (EA) to crack down on illegal waste sites in England and Wales.”
BBC News, 8th December 2011
Source: www.bbc.co.uk
Regina v St Regis Paper Company Ltd; [2011] EWCA Crim 2527; [2011] WLR (D) 317
“Criminal liability could not be imposed on a company for intentionally making a false entry to an environmental control record contrary to regulation 32(1)(g) of the Pollution Prevention and Control (England and Wales) Regulations 2000, by virtue of the intentions of the employee who committed the offence, if he was not the directing mind and will of the company.”
WLR Daily, 4th November 2011
Source: www.iclr.co.uk
“A man has been jailed for 15 months for illegally dumping more than 1m tyres across England, a figure believed to be a record for one individual.”
The Guardian, 8th November 2011
Source: www.guardian.co.uk
“A group of villagers who claimed they were testing the government’s commitment to ‘localism’ by challenging a waste company’s right to dump radioactive materials in a nearby landfill site have failed in a high court challenge.”
The Guardian, 3rd November 2011
Source: www.guardian.co.uk
Regina v Jones and another [2011] WLR (D) 270
“When a person deposited material on land the question whether the material constituted ‘waste’ for the purposes of section 33 of the Environmental Protection Act 1990 depended on that person’s conduct immediately prior to depositing the material and the landowner’s purpose in receiving it.”
WLR Daily, 27th August 2011
Source: www.iclr.co.uk
“A woman has admitted handling stolen goods after being accused of taking potato waffles, pies, and 100 packets of ham from a bin outside of a Tesco Express in Essex. But if something is thrown away, when is it illegal to take it?”
BBC News, 31st May 2011
Source: www.bbc.co.uk
“Fines for residents who break the rules on rubbish collections in England are to be scrapped.”
BBC News, 10th April 2011
Source: www.bbc.co.uk
“A criminal investigation is under way following a major sewage leak which threatened fish at an East Sussex lake.”
BBC News, 15th October 2010
Source: www.bbc.co.uk
“Sainsbury’s is to be taken to court for using too much packaging, the first time that a major retailer has been prosecuted under obscure environmental laws.”
Daily Telegraph, 16th September 2010
Source: www.telegraph.co.uk
Regina v W and others [2010] EWCA Crim 927; [2010] WLR (D) 125
“Where a person was accused of permitting the deposit, disposing or keeping of controlled waste, contrary to s 33 of the Control of Pollution Act 1990, the question whether the material in question amounted to ‘waste’, and if so, ‘controlled waste’, was a question of fact for the jury, as was the question of whether material which was originally waste had been acceptably recovered or disposed of in accordance with the aims of Parliament and Council Directive 2006/12/EC and therefore no longer constituted waste. The recipient’s intention to re-use waste material did not alter its status as waste, although actual re-use, if in accordance with the aims of the Directive, could.”
WLR Daily, 18th May 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Shoppers will be able to recycle old batteries in thousands of shops across the country from today as part of a crackdown on the throwaway society.”
The Independent, 1st February 2010
Source: www.independent.co.uk
“The Government has said that new electronic waste disposal demands from Brussels may be too difficult for businesses to meet. It has asked for industry’s view ahead of summer negotiations on electronic waste.”
OUT-LAW.com, 15th April 2009
Source: www.out-law.com
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