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.’

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The Guardian, 17th July 2021

Source: www.theguardian.com

Southern Water fined record £90m for dumping raw sewage – BBC News

Posted July 13th, 2021 in fines, news, pollution, waste, water, water companies by tracey

‘Southern Water has been fined a record £90m for deliberately dumping billions of litres of raw sewage into the sea. The company admitted 6,971 illegal spills from 17 sites in Hampshire, Kent and West Sussex between 2010 and 2015.’

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BBC news, 10th July 2021

Source: www.bbc.co.uk

Southern Water denies deliberately dumping sewage in coastal waters – BBC News

Posted July 9th, 2021 in news, pollution, waste, water, water companies by tracey

‘Southern Water has denied deliberately dumping raw sewage into seas and rivers on thousands of occasions to avoid investing in its treatment works.’

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BBC News, 8th July 2021

Source: www.bbc.co.uk

Skewen: Coal Authority ‘not liable’ for mine flood damage – BBC News

Posted February 25th, 2021 in compensation, news, Wales, water by sally

‘People flooded out of their homes after a mine blow-out say it is “disgusting” the Coal Authority is refusing to accept liability for the damage caused.’

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BBC News, 25th February 2021

Source: www.bbc.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

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

Court of Appeal upholds ruling that council overcharged tenants for water – Local Government Lawyer

Posted October 27th, 2020 in agreements, appeals, interpretation, landlord & tenant, local government, news, water by sally

‘The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water.’

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Local Government Lawyer, 27th October 2020

Source: www.localgovernmentlawyer.co.uk

Competition watchdog sides with water firms in row over plan to cut household bills – The Guardian

Posted September 30th, 2020 in competition, consumer protection, news, ombudsmen, water, water companies by sally

‘Britain’s competition watchdog has sided with water suppliers in a row over the regulator’s plan to reduce industry revenues in order to cut an average of £50 a year from water bills.’

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The Guardian, 29th September 2020

Source: www.theguardian.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

Environmental Law News Update – Six Pump Court

Posted June 4th, 2020 in coronavirus, environmental protection, news, waste, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider a Court of Appeal case on the meaning of exempt waste operations, a new report on financing energy efficient buildings and the impact of COVID-19 on the aqueous environment.’

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Six Pump Court, 26th May 2020

Source: www.6pumpcourt.co.uk

Environmental Law News Update – Six Pump Court

Posted February 26th, 2020 in chambers articles, environmental protection, housing, news, nuisance, privacy, waste, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider recent flooding events in the UK, the Tate Gallery viewing platform case and the rise in fly-tipping and organised crime.’

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Six Pump Court, 19th February 2020

Source: www.6pumpcourt.co.uk

UK water companies ordered to cut bills by £50 by 2025 – The Guardian

Posted December 16th, 2019 in consumer protection, fees, news, water, water companies by tracey

‘Ofwat, the water regulator, has ordered water companies in England and Wales to cut bills for customers by £50 over five years and spend £51bn on improving services and investment in infrastructure.’

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The Guardian, 16th December 2019

Source: www.theguardian.com

Councils and housing associations “face multi-million pound refunds to tenants after water re-selling test case in High Court – Local Government Lawyer

‘Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Après nous le déluge – rents and water resellers – Nearly Legal

Posted December 2nd, 2019 in landlord & tenant, local government, news, rates, rent, water by tracey

‘Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch). Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under agreements with Thames Water has been conflicted. Some councils (including Southwark) refunded tenants the ‘discount’ that they had received. Other councils did nothing, and frantically tried to settle and defence to rent arrears possession proceedings that raised the water rates point (not always successfully), in the hope and expectation that someone else would take another case to the High Court and overturn or distinguish Jones.’

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Nearly Legal, 1st December 2019

Source: nearlylegal.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

Environmental Law News Update – Six Pump Court

Posted July 3rd, 2019 in canals, charities, environmental protection, news, sanctions, waste, water by sally

‘In this latest Environmental Law News Update, Christopher Badger considers the decision by Ofwat to impose a financial penalty on Southern Water for failings in the performance of its wastewater operations, the imposition of over £3.7 million of civil sanctions on charitable organisations for environmental offences and further developments in the Manchester Ship Canal case.’

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Six Pump Court, 26th June 2019

Source: www.6pumpcourt.co.uk

Southern Water faces prosecution after record £126m penalty – The Guardian

Posted June 25th, 2019 in compensation, fines, news, prosecutions, waste, water by sally

‘Southern Water faces prosecution by the Environment Agency after being handed a record £126m penalty by the water regulator over “shocking” failures at its sewage treatment sites.’

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The Guardian, 25th June 2019

Source: www.theguardian.com

Environmental Law News Update – Six Pump Court

Posted December 14th, 2018 in brexit, environmental protection, news, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall, Christopher Badger and Mark Davies consider the EU Exit Legal Position on the Withdrawal Agreement and the Attorney General’s Legal Advice, the Draft National Policy Statement for Water Resources Infrastructure and an important case about the courts’ approach to the balance between private rights and the public interest.’

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Six Pump Court, 10th December 2018

Source: www.6pumpcourt.co.uk

Landlord fined £25,000 over lack of hot water for disabled tenant – The Guardian

‘The wife of Britain’s most controversial buy-to-let landlord, Fergus Wilson, has been ordered to pay £25,000 in fines and legal costs after a court ruled that she had failed to supply hot water to a disabled tenant.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

Court of Appeal clarifies right to relief from forfeiture – OUT-LAW.com

Posted May 29th, 2018 in canals, forfeiture, licensing, news, water by sally

‘The High Court was entitled to use its discretion to grant Vauxhall Motors relief from forfeiture of its licence to discharge surface water into the Manchester Ship Canal, the Court of Appeal has ruled.’

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OUT-LAW.com, 25th May 2018

Source: www.out-law.com