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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Environment - From: 1994 To: 1994

This page lists 20 cases, and was prepared on 27 May 2018.

 
Rima Electrometalurgia Sa v Council of European Community (Commissioner of European Community Intervener) Times, 27 January 1994
27 Jan 1994
ECJ

Environment, European
Proof of dumping & resulting injury needed before investigation/proceedings.

 
National Rivers Authority v Alfred McAlpine Homes East Ltd Times, 03 February 1994; Independent, 03 February 1994; [1994] 4 All ER 286
3 Feb 1994
QBD

Environment, Vicarious Liability, Company
A company was criminally liable for the acts of its employees which had been carried out within the normal course of their employment.

 
Walter Lilly and Co Ltd v Westminster City Council Times, 01 March 1994; Ind Summary, 14 February 1994
14 Feb 1994
QBD

Environment
A noise control notice for one set of works does not apply to subsequent works at the same site, and a fresh notice was required.
Control of Public Works Act 1974 60


 
 Comitato di coordinamento per la difesa della Cava and others v Regione Lombardia and others; ECJ 23-Feb-1994 - C-236/92; [1994] EUECJ C-236/92

 
 Regina v Secretary of State for the Environment and Others ex parte Greenpeace Ltd and Another; QBD 8-Mar-1994 - Independent, 08 March 1994
 
Swansea City Council v Jenkins and Others Times, 01 April 1994
1 Apr 1994
QBD

Environment
A notice to repair a sewer was validly served on the owners selected by their proximity to the damage.

 
Regina v Secretary of State Environment, ex parte Friends of the Earth Ltd and Another Times, 04 April 1994; Independent, 12 April 1994
4 Apr 1994
QBD

Environment, European, Utilities
The Secretary of State may accept undertakings from water companies to provide a wholesome water supply, rather than requiring a court to order them to achieve the same thing.
Water Industry Act 1991 68(1)(a)

 
Regina v Secretary of State for the Environment Ex Parte Bagshaw, Regina v Sane Ex Parte Norton and Bagshaw Times, 06 May 1994; [1994] 68 P & CR 402
6 May 1994
QBD
Owen J
Environment, Land
Mr Bagshaw sought an order modifying the definitive map and statement to show a former mine track as a public right of way. Held: A claimant seeking to establish a public path had to show evidence in support or that it was reasonable to make the allegation.
Owen J, referring to 53(3)(c)(i) said: "It is necessary to give some meaning to all the words used. Accordingly, there must be a difference between showing "that a right of way which is not shown in the map and statement subsists" and showing that a right of way which is not shown in the map and statement "is reasonably alleged to subsist". Accordingly the questions for the council and subsequently for the Secretary of State were: does the evidence produced by the claimant together with all the other evidence available show that either-- (a) a right of way subsists? (I shall call this test "A"), or (b) it is reasonable to allege that a right of way subsists? (I shall call this test "B"). To answer either question must involve some evaluation of the evidence and a judgment upon that evidence. For the first of those possibilities to be answered in the affirmative, it will be necessary to show that on a balance of probabilities the right does exist. For the second possibility to be shown it will be necessary to show that a reasonable person, having considered all the relevant evidence available, could reasonably allege a right of way to subsist."
Wildlife and Countryside Act 1981 53(3)(c)(I)
1 Citers


 
Jordan v Norfolk County Council Times, 25 May 1994; Ind Summary, 20 June 1994; Gazette, 03 August 1994; [1994] 4 All E R 218; [1994] 1 WLR 1353
25 May 1994
ChD
Sir Donald Nicholls VC
Litigation Practice, Land, Environment
An order to replace trees 'as reasonably practical' was to include cost considerations, and it could be varied where the costs exceeded those expected. The mandatory order was varied. When considering what was meant by 'reasonably practical' ". . . there is very little nowadays which is not physically feasible if enough money is spent. Hence in this context the phrase is apt to include financial considerations."
1 Citers


 
Regina v Bovis Construction Ltd Ind Summary, 30 May 1994
30 May 1994
CACD

Environment
The extent of an historical monument was to be decided by the papers not by a jury.
Ancient Monuments and Archeological Areas Act 1979

 
Aitken v South Hams District Council Gazette, 07 October 1994; Times, 08 July 1994; Independent, 13 July 1994; [1995] 1 AC 262
8 Jul 1994
HL

Environment
A notice was served in 1983 under section 58 of the Control of Pollution Act 1974 requiring the abatement of a noise nuisance. That section was repealed by the Environmental Protection Act 1990, with effect from 1st January 1991, and a new procedure for statutory nuisance was substituted. On 25th January 1992, an information was preferred alleging recurrence of a noise nuisance between August and October 1991, contrary to section 58 of the 1974 Act. Held: A Noise abatement Notice remained valid as a basis for a prosecution even after the repeal of the section in Act under which it had been issued. The ability to enforce the obligation was preserved by section 16(1) of the Interpretation Act 1978.
The words "obligation" and "liability" embraced both civil and criminal obligation or liability: " . . although the application of section 16(1)(d) is confined to the criminal field, I do not consider that this means that the words "obligation or liability" referred to in section 16(1)(c) have to be regarded as being restricted to a civil obligation or liability. The words remain appropriate to cover an obligation or liability enforceable under the criminal law. While a "right" and "privilege," which are also referred to in section 16(1)(c), have a distinctly civil flavour, this is not equally true of "obligation" and "liability." It is perfectly possible for the same enactment to create an obligation or a liability which is both enforceable in a civil action, by a claim for damages, and by a criminal sanction. It would be strange if, in that situation, section 16(1) could preserve the obligation or liability so far as it was enforceable in a civil action, but not so far as it was enforceable in criminal proceedings. To my mind the important question is whether there is an obligation or liability rather than how that obligation or liability is enforced. The question of enforcement is dealt with in section 16(1)(e) and that provision clearly applies equally to civil and criminal enforcement."
Control of Pollution Act 1974 58(1) - Environmental Protection Act 1990
1 Citers


 
Taylor Woodrow Property Management Ltd v National Rivers Authority Times, 14 July 1994
14 Jul 1994
QBD

Environment
The repeal of a section did not cancel an order made under the section.
Water Resources Act 1991 85

 
Regina v Yorkshire Water Services Ltd Times, 19 July 1994
19 Jul 1994
CA

Environment
Water company must supervise agents in preventing water pollution.

 
Durham County Council v Thomas Swan and Co Ltd Times, 27 July 1994
27 Jul 1994
QBD

Environment
'empty' varies in meaning according to context, and less than 1% content was empty.
Control of Pollution Act 1974 3(2)

 
Regina v CPC (Uk) Ltd, CPC (UK) Ltd v National Rivers Authority Independent, 30 August 1994; Times, 04 August 1994; [1994] Env LR 131
4 Aug 1994
CACD
Lloyd LJ
Environment, Utilities, Crime
The defendant operated a factory, using cleaning liquid carried through PVC piping. The piping leaked because it had been badly installed by the reputable subcontractors employed by the previous owners of the factory. Held: Although the defendants were unaware of the existence of the defect and "could not be criticised for failing to discover it," the pollution had nevertheless been caused by their operation of the factory. So the fact that the negligent installation of the pipes had been unforeseeable was no defence. Liability for river pollution is strict. It existed even where the owner had no knowledge of a leak in a pipe put in before he acquired the land. Whether he had caused the pollution remained a question of fact for the jury.
Water Resources Act 1991 85(1) 209
1 Citers



 
 Attorney General's Reference (No 2 of 1994); CACD 26-Aug-1994 - Times, 04 August 1994; Independent, 26 August 1994
 
Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others Independent, 04 October 1994
4 Oct 1994
QBD

Administrative, Environment
Secretary of State was under no duty to issue regulations to protect against low level electromagnetic radiation.
1 Cites

1 Citers


 
Network Housing Association Ltd v Westminster City Council Times, 08 November 1994; Ind Summary, 07 November 1994; [1995] Env LR 176; [1995] 27 HLR 189
7 Nov 1994
QBD

Environment, Nuisance, Housing
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor or in the ceiling/underfloor void) of proper insulation. The only way in which the housing association could therefore abate the nuisance was by installing proper sound insulation. Nothing effective was said about how the noise could be abated, because the experts differed. Held: A nuisance or noise abatement notice had to be specific enough to allow the person served to gain knowledge of what work was required of him to be carried out to secure compliance.
Environmental Protection Act 1990
1 Citers


 
Botross v Hammersmith and Fulham London Borough Council Times, 07 November 1994; (1994) 16 Cr App R (S) 622
7 Nov 1994
QBD

Environment, Nuisance
Statutory nuisance proceedings are in their nature criminal proceedings, and compensation may be awarded by the court.
Environmental Protection Act 1990 82(1)
1 Cites

1 Citers


 
National Rivers Authority v Yorkshire Water Services Ltd Independent, 01 December 1994; Times, 21 November 1994; [1995] 1 AC 444
21 Nov 1994
HL
Lord Mackay of Clashfern
Environment, Utilities
The defendant sewerage undertaker received sewage, treated it in filter beds and discharged the treated liquid into the river. One night someone unlawfully discharged a solvent called iso-octanol into the sewer. It passed through the sewage works and entered the river. The question was whether the defendant had caused the consequent pollution. Held: The defence to a pollution charge is wider than breach of licence condition. The statutory defence to a breach of consent also applies to the allegation of causing pollution. The word "cause" in the subsection should be used in its ordinary sense and "it is not right as a matter of law to add further requirements." and ". . . Yorkshire Water Services having set up a system for gathering effluent into their sewers and thence into their sewerage works there to be treated, with an arrangement deliberately intended to carry the results of that treatment into controlled waters, the special circumstances surrounding the entry of iso-octanol into their sewers and works does not preclude the conclusion that Yorkshire Water Services caused the resulting poisonous, noxious and polluting matter to enter the controlled waters, notwithstanding that the constitution of the effluent so entering was affected by the presence of iso-octanol."
Water Act 1989 107(1)(a) 108(7)
1 Cites

1 Citers


 
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