swarb.co.uk - law index
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: 1997 To: 1997
This page lists 23 cases, and was prepared on 27 May 2018.
London Waste v AMEC [1997] 53 Con LR 66
1997
Environment, Construction
Shanks and Mcewan (Teesside) Limited v Environment Agency Times, 28 January 1997; [1997] EWHC Admin 73
24 Jan 1997
Admn
Environment
Knowledge of deposit of controlled waste was necessary to bring the section into application. It was not sufficient simply to be aware of a breach of the licence.
Environmental Protection Act 1990 33(1)(a)
[ Bailii ]
David Budd v Colchester Borough Council [1997] EWCA Civ 880
30 Jan 1997
CA
Lord Justice Swinton Thomas And Lord Justice Hutchison
Nuisance, Environment
The applicant sought leave to appeal against a decision confirming a noise abatement notice under the Act. He kept dogs, and neighbours had complained of the noise. He complained that the notice neither specified the nuisance complained of, nor stated what works were required to be undertaken to cure it. Held: There were competing decisions, and the case should properly go forward to appeal.
Environmental Protection Act 1990 79(1)
1 Cites
1 Citers
[ Bailii ]
Regina v Environment Agency and Redland Aggregates ex parte Anthony John Leam [1997] EWHC Admin 287
18 Mar 1997
Admn
Environment, Licensing
Environmental Protection Act 1995
[ Bailii ]
Rae (Agnes) v Glasgow City Council and Another Times, 22 April 1997
22 Apr 1997
OHCS
Environment, Employment, Health and Safety, Negligence
An employer may be liable for damages for passive smoking if the claim is pleaded correctly.
Offices Shops and Railway Premises Act 1963 7
Regina v Secretary of State for Environment and Peninsular Proteins Limited ex parte Torridge District Council [1997] EWHC Admin 415
25 Apr 1997
Admn
Licensing, Environment
Environmental Protection (Prescribed Processes and Substances) Regulations 1991 (SI 1991 No 472)
[ Bailii ]
Regina v Environment Agency ex parte Dockgrange Limited and Mayer Parry Limited [1997] EWHC Admin 495; [1999] ENVLR 489
22 May 1997
Admn
Carnwath J
Environment, Licensing, European
The verb "discard" in the Waste Framework Directive has a special and limited meaning which requires the materials to be subjected to a disposal or recovery operation.
Carnwath J said: "The general concept is now reasonably clear. The term discard is used in a broad sense equivalent to 'get rid of'. The phrase get rid of" is concerned with materials which have ceased to be required for their original purpose, normally because they are unsuitable, unwanted or surplus to requirements. That broad category is however limited by the context, which shows that the purpose is to control disposal and recovery of such material. Accordingly, materials which are to be reused (rather than finally disposed of) but which do not require any recovery operation before being put to their new use, are not treated as waste." and "Insofar as the discarded materials do not require any recovery operation, they are not treated as waste at all. Insofar as they do require recovery operations, they remain waste until those recovery operations are complete."
Council Directive 75/442/EEC - Trans-frontier Shipment of Waste Regulations 1994
1 Citers
[ Bailii ]
VAG Sverige AB C-329/95; [1997] EUECJ C-329/95
29 May 1997
ECJ
Environment, Road Traffic
(Judgment) 1 Approximation of laws - Motor vehicles - Procedure for Community type-approval - Directive 70/156 - Right of the Member States to refuse to register vehicles with a valid Community type-approval certificate - Conditions - National rules subjecting the registration of motor vehicles to the production of a national certificate declaring that they comply with national exhaust emission rules - Not permissible (Council Directive 70/156, Art. 7(1) and (3))
2 Community law - Interpretation - Acts of the institutions - Declaration recorded in minutes - Whether to be taken into consideration - Not permissible where no reference is made to the declaration in the act itself
3 Directive 70/156 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, as amended by Directive 92/53, must be interpreted as precluding national legislation under which motor vehicles covered by a valid Community type-approval certificate cannot be registered unless a national certificate is produced attesting to their conformity with national requirements concerning exhaust emissions.
It is clear from Article 7(1) and (3) of the directive that a Member State may refuse to register a vehicle with a valid Community type-approval certificate only if it finds that the vehicle is a serious risk to road safety. Refusal to register under the national rules on the basis of considerations of environmental protection does not satisfy the conditions governing the derogation provided for by that provision.
4 A declaration recorded in minutes is of limited value, since it cannot be used for the purposes of interpreting a provision of Community law where no reference is made to the content of the declaration in the wording of the provision in question and the declaration therefore has no legal significance.
[ Bailii ]
Commission v Belgium C-357/96 [1997] EUECJ C-357/96
29 May 1997
ECJ
Environment
(Judgment) Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested (EC Treaty, Art. 169)
[ Bailii ]
Commission v France C-312/96 [1997] EUECJ C-312/96
29 May 1997
ECJ
Environment
(Judgment) Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested (EC Treaty, Art. 169)
Commission Directive 94/15/EC
[ Bailii ]
Commission v France C-282/96; [1997] EUECJ C-282/96
29 May 1997
ECJ
Consumer, Environment
(Judgment) Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested (EC Treaty, Art. 169)
[ Bailii ]
Criminal proceedings against Tombesi and others [1997] ECR 1-3561; [1998] Env LR 59; C-304/94; [1997] EUECJ C-304/94
25 Jun 1997
ECJ
Mancini, P
European, Environment
ECJ Waste - Definition - Council Directives 91/156/EEC and 91/689/EEC - Council Regulation (EEC) No 259/93
Waste includes substances discarded by their owners, even if they ''have a commercial value and are collected on a commercial basis for recycling, reclamation or re-use''.
Council Regulation (EEC) No 259/93 - Council Directive 91/156/EEC - Council Directive 91/689/EEC
1 Cites
1 Citers
[ Bailii ]
Tombesi C-224/95; [1997] EUECJ C-224/95
25 Jun 1997
ECJ
Environment
(Environment And Consumers) Waste - Definition - Council Directives 91/156/EEC and 91/689/EEC - Council Regulation (EEC) No 259/9
Council Directive 91/689/EEC - Council Regulation (EEC) No 259/9 - Council Directive 91/156/EEC
1 Cites
1 Citers
[ Bailii ]
Tombesi and Others C-330/94; [1997] EUECJ C-330/94
25 Jun 1997
ECJ
Environment
ECJ (Environment And Consumers) Waste - Definition - Council Directives 91/156/EEC and 91/689/EEC - Council Regulation (EEC) No 259/93
Council Regulation (EEC) No 259/93 - Directive 91/689/EEC - Directive 91/156/EEC
1 Cites
1 Citers
[ Bailii ]
Euro Tombesi, Santella etc C-342/94; [1997] EUECJ C-342/94
25 Jun 1997
ECJ
G.F. Mancini, P
European, Environment, Crime
ECJ (Environment And Consumers) Waste - Definition - Council Directives 91/156/EEC and 91/689/EEC - Council Regulation (EEC) No 259/93
Council Regulation (EEC) No 259/93 - Council Directive 91/156/EEC - Council Directive 91/689/EEC
1 Citers
[ Bailii ]
John Lowe and Sandra Watson v South Somerset District Council Times, 18 November 1997; [1997] EWHC Admin 639
7 Jul 1997
Admn
Environment
Nuisance abatement notice must state whether nuisance alleged is contrary to public health or common law.
Appeal against enforcement notice for 'the crowing of cockerels and the chorus of waterfowl.'
Environmental Protection Act 1990 80
[ Bailii ]
Regina v Hertfordshire County Council ex parte Green Environmental Industries Limited, Moynihan Times, 09 October 1997; [1997] EWCA Civ 2279
9 Oct 1997
CA
Environment
There was no protection against self-incrimination where information was properly required by the Waste Regulation Authority to carry out its duties.
Environmental Protection Act 1990 71(2)
1 Citers
[ Bailii ]
Shanks and Mcewan (Southern Waste Services) Ltd v Environment Agency; Admn 14-Oct-1997 - [1997] EWHC Admin 873; [1999] QB 333
Polychronakis v Richards and Jerrom Limited; Admn 16-Oct-1997 - Times, 19 November 1997; [1997] EWHC Admin 885
Case Concerning Gabeikovo-Nagymaros Project (Hungary/Slovakia) Times, 31 October 1997
31 Oct 1997
ICJ
International, Environment
A mutual failure to abide by a treaty did not discharge it; The performance of the 1977 Treaty was judged by modern environmental standards.
Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson Times, 26 November 1997; Gazette, 26 November 1997; [1997] EWHC Admin 960
31 Oct 1997
Admn
Lord Justice Brooke Mr Justice Owen And Mr Justice Gage
Environment, Nuisance
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the respondents as owners of the rockface and wall and simply required them to "abate the statutory nuisance". It was obvious from the abatement notice and indeed the circumstances that the only way in which this could be achieved was by (probably very extensive) works of shoring up and securing the rockface.
Environmental Protection Act 1990 80
1 Cites
1 Citers
[ Bailii ]
Inter-Environnement Wallonie v Region Wallonne [1998] Env LR 623; C-129/96; [1997] ECR I/7411; [1997] EUECJ C-129/96
18 Dec 1997
ECJ
European, Environment
ECJ Member States are required to refrain from taking any measures liable seriously to compromise the results prescribed by a Directive, even though the date for its implementation has not yet expired.
The test as to whether an item is discarded and is therefore waste was described: ''The general concept is now reasonably clear. The term 'discard' is used in a broad sense equivalent to 'get rid of'; but it is coloured by the examples of waste given in Annex I and the Waste Catalogue, which indicate that it is concerned generally with materials which have ceased to be required for their original purpose, normally because they are unsuitable, unwanted or surplus to requirements.''
1 Citers
[ Bailii ]
Regina v Bolton Metropolitan Council ex parte Roger Arthur Kirkhan [1997] EWHC Admin 1167
19 Dec 1997
Admn
Environment, Judicial Review
1 Cites
1 Citers
[ Bailii ]
