Safety H-Tech Srl v S and T Srl: ECJ 22 Jul 1998

Use of hydrochlorofluorocarbons was properly banned for all purposes including fire fighting ones, and no sufficient reason for any exemption had been shown.

Citations:

Times 22-Jul-1998, C-284/95, [1998] EUECJ C-284/95

Links:

Bailii

Statutes:

Council regulation EC 3093/94 Substance depleting the Ozone Layer

Jurisdiction:

European

Environment

Updated: 20 May 2022; Ref: scu.88975

Regina v Ministry of Agriculture, Fisheries and Food, ex parte Bray: QBD 13 Apr 1999

A bylaw, restricting fishing by reference to the size of the ship, was valid. The words must not be construed out of context of the whole Act, and in this case an ‘instrument’ used for fishing did not include the vessel itself.

Citations:

Gazette 21-Apr-1999, Times 13-Apr-1999, [1999] EWHC Admin 252

Links:

Bailii

Statutes:

Sea Fisheries Regulation Act 1966

Environment, Agriculture

Updated: 19 May 2022; Ref: scu.87363

Grand Duchy of Luxembourg v Linster and Others: ECJ 19 Sep 2000

Where a road or other development project would have a substantial impact on the environment, a law passed by a member state authorising the construction to proceed but which was in the absence of an impact assessment, was not in compliance with the Directive. It was not possible to bypass the procedure by use of special statutory powers. The Directive did not apply where its purposes were satisfied by a statutory process, but that implied the need for that process to produce a similar investigation.

Citations:

Times 05-Oct-2000, [2000] ECR I-6917, [2000] EUECJ C-287/98

Links:

Bailii

Statutes:

Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment

Jurisdiction:

European

Cited by:

CitedHS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Lists of cited by and citing cases may be incomplete.

Environment, Transport

Updated: 19 May 2022; Ref: scu.80973

EC Commission v Hellenic Republic: ECJ 9 Sep 1998

The court emphasised the need for the member states to implement the Directive to reduce pollution from the listed substances. States should also state how they intended to test the implementation and also the time scale for implementation

Citations:

Gazette 09-Sep-1998, Ecj/Cfi Bulletin 15/98, 14, C-232/95, [1998] EUECJ C-232/95

Links:

Bailii, Bailii

Statutes:

Council Directive 76/464/EEC

Environment, European

Updated: 19 May 2022; Ref: scu.80243

Commission of the European Communities (Supported by the United Kingdom) v Hellenic Republic: ECJ 7 Jul 2000

When assessing the penalty to be imposed on a member state for failing to comply with a judgement of the court the court had to look at the duration of the breach, its seriousness, and its ability to pay. Here a fine of 20.000 Euros per day was imposed upon Greece for failing to control discharges into the sea in breach of court orders over several years.
The court described a waste management plan within the meaning of Article 7 of the Directive as ‘a comprehensive programme with a view to attaining certain objectives’.

Citations:

Times 07-Jul-2000, C-387/97, [2000] ECR I-5047, [2000] EUECJ C-387/97

Links:

Bailii

Cited by:

CitedRegina v Daventry District Council ex parte Thornby Farms Admn 28-Jul-2000
The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied.
Held: Animal . .
CitedDerbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 19 May 2022; Ref: scu.79301

Carr v Hackney London Borough Council: QBD 9 Mar 1995

The council tenant plaintiff alleged a statutory nuisance against the council in the form of condensation, damp and mould in his flat. When it came to the hearing the damp had abated. The magistrates asked whether it was likely to recur. The council replied that they had offered to install heaters in the property which would deal with the problem, but the plantiff had refused saying that gas-central heating would be cheaper. They therefore said that responsibility for any recurrence would lie with the tenant. The tenant appealed saying that the defence allowed, that the council was ‘not the person whose act or default or sufferance gave rise to the nuisance or its continuance.
Held: The tenant’s appeal failed. A defendant can avoid liability for a nuisance by pointing out the genuine originator of the nuisance.

Judges:

McKinnon J

Citations:

Times 09-Mar-1995, (1996) 28 HLR 747

Statutes:

Environmental Protection Act 1990 82, Public Health Act 1936

Citing:

CitedWarner v Lambeth London Borough Council QBD 26-Mar-1984
A complaint of statutory nuisance laid before the magistrates must contain even if in summary form, similar details as would appear in an abatement notice, including the capacity in which the defendant is served and the steps required to be taken to . .

Cited by:

MentionedRobb v Dundee City Council SCS 13-Feb-2002
. .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 19 May 2022; Ref: scu.78913

Camden London Borough Council v London Underground Ltd: QBD 7 Jan 2000

The local authority served a noise nuisance abatement notice upon the respondents regarding their plant room. The notice required abatement and a non-repetition. The notice was not specific as to the works required to be undertaken. It was held that the notice was indeed insufficiently specific. Although it was possible to add to the notice specification requirements contained in an accompanying letter, it was advisable to lock the two together explicitly. The notice required works but did not specify what they were and was invalid.

Citations:

Gazette 07-Jan-2000

Statutes:

Statutory Nuisance (Appeals) Regulations 1995, Environmental Protection Act 1990 80

Environment, Nuisance

Updated: 19 May 2022; Ref: scu.78852

Burgemeester En Wethouders Van Haarlemmerlied En Spaarnwoude v Gedeputerde Staten Van Noord-Holland: ECJ 9 Sep 1998

Where a development which might have significant environmental impact was proposed it was necessary to ensure that an environmental impact assessment had been carried out. It was not open to member states to exempt some types of development.

Citations:

Gazette 09-Sep-1998, C-81/96, Wcj/Cfi Bulletin 16/98, 28

Statutes:

Council Directive 90/313/EEC Freedom of Access to information on the environment.

Environment, European, Planning

Updated: 18 May 2022; Ref: scu.78743

Saddleworth Urban District Council v Aggregate and Sand Ltd: 1970

Citations:

(1970) 69 LGR 103

Statutes:

Public Health Act 1936, Noise Abatement Act 1960

Cited by:

CitedManley and Another v New Forest District Council Admn 6-Nov-2007
The defendants appealed by way of case stated against their convictions for noise nuisance for their husky kennels – ‘Howling Dog Kennels’. They said that it was impractical, both for animal welfare and cost reasons further to limit the noise.
Lists of cited by and citing cases may be incomplete.

Crime, Environment

Updated: 18 May 2022; Ref: scu.271240

Price v Cromack: 1975

The defendant maintained two lagoons on his land into which, pursuant to an agreement, the owners of adjoining land discharged effluent. The lagoons developed leaks which allowed the effluent to escape into the river.
Held: The escape had not been caused by anything which the defendant had done. There was no ‘positive act’ on his part. The effluent came onto the land by gravity and found its way into the stream by gravity ‘with no act on his part whatever:’

Judges:

Lord Widgery CJ

Citations:

[1975] 1 WLR 988, [1975] 2 All ER 113

Jurisdiction:

England and Wales

Cited by:

DisapprovedEmpress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Restricted to its factsNational Rivers Authority v Yorkshire Water Services Ltd HL 21-Nov-1994
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 . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 16 May 2022; Ref: scu.190103

Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others: QBD 4 Oct 1994

Secretary of State was under no duty to issue regulations to protect against low level electromagnetic radiation.

Citations:

Independent 04-Oct-1994

Jurisdiction:

England and Wales

Citing:

Appealed toRegina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others CA 20-Oct-1995
The Maastricht environmental commitment imposed no binding obligation on a government of itself. The unproven possibility of a medical effect of radiation from power supply lines was no justification for new rules. . .

Cited by:

Appeal fromRegina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others CA 20-Oct-1995
The Maastricht environmental commitment imposed no binding obligation on a government of itself. The unproven possibility of a medical effect of radiation from power supply lines was no justification for new rules. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Environment

Updated: 16 May 2022; Ref: scu.87952

Regina v Secretary of State for Transport Ex Parte Richmond Upon Thames London Borough Council and Others: QBD 21 Mar 1996

An order restricting the number of night flights but without apportioning those numbers between different categories was valid.

Citations:

Gazette 17-Apr-1996, Times 21-Mar-1996

Statutes:

Civil Aviation Act 1982

Jurisdiction:

England and Wales

Transport, Environment

Updated: 16 May 2022; Ref: scu.87961

Commissioners of Customs and Excise v Ray: ChD 14 Jun 2000

The decision to refuse a retrospective licence for the importation of antique ivory, was one for the Department of Environment Transport and the Regions, and not one for the Commissioners of Customs and Excise. An appeal against a refusal could not therefore lie to the VAT Tribunal, even though they had been seized by the Commissioners.

Citations:

Times 14-Jun-2000, Gazette 22-Jun-2000

Statutes:

Commission Regulation EC/939/97 (OJ 1997 LI40/9) Art 8(3)

Jurisdiction:

England and Wales

Environment, Administrative, Customs and Excise

Updated: 15 May 2022; Ref: scu.79395

British Waterways Board v Severn Trent Water Ltd: ChD 26 Oct 1999

A water company may have the implied power to discharge surface run-off water from sewers into canals. The powers and duties of water companies and sewerage undertakers were different both under statute and in general. The power to lay a run-off pipe might be held to imply a power to discharge what was run off through it.

Citations:

Times 26-Oct-1999, Gazette 03-Nov-1999

Statutes:

Water Industry Act 1991 159

Cited by:

Appeal fromBritish Waterways Board v Severn Trent Water Ltd CA 23-Mar-2001
The parties disputed discharges from a sewer outfall into the Stourbridge canal which had been constructed by a regional water authority in about 1976, under the previous statutory regime. The relevant outfall was therefore already in use at the . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 15 May 2022; Ref: scu.78654

Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: QBD 26 Oct 1999

The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that an individual could not seek to enforce a directive once it had been properly enshrined in a member state’s law. ‘ . . I accept that in exercising discretion with regard to costs . . I should seek to give effect to the overriding objective and should have particular regard to the need, so far as practicable, to ensure that the parties are on an equal footing and that the case is dealt with in a way which is proportionate to the financial position of each party. Those aspects of the overriding objective seem to me to be embedded in any event in the principles laid down in ex p CPAG.’

Judges:

Richards J

Citations:

Gazette 13-Jan-2000, CAT 26 October 1999

Statutes:

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199)

Jurisdiction:

England and Wales

Cited by:

CitedThe Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom,The Secretary of State for Foreign and Commonwealth Affairs, The Secretary of State for Defence (2) Admn 5-Dec-2002
The claimants intended to seek a judicial review requesting an interpretation of a resolution of the United Nations Security Council. They sought first, an order pre-emptively to limit their liability for costs.
Held: To make such a protective . .
CitedCorner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
CitedRegina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and . .
Lists of cited by and citing cases may be incomplete.

Environment, Planning, European

Updated: 11 May 2022; Ref: scu.85293

Official Receiver v Environment Agency: CA 5 Aug 1999

A waste management licence could constitute both property and onerous property for the purposes of the Insolvency Act. It could also be an interest incidental to the land to which it related. Because of this the liquidator of a waste management company could disclaim the licence without committing an offence under the Act.

Citations:

Times 05-Aug-1999

Statutes:

Environmental Protection Act 1990 33 34, Insolvency Act 1986 178(3), 436

Jurisdiction:

England and Wales

Environment, Insolvency

Updated: 11 May 2022; Ref: scu.84428

Commission of the European Community v United Kingdom: ECJ 24 Aug 1993

The wording in the directive regarding the ‘traditional practice of bathing by large numbers’ is precise, and the UK must implement it.
Europa 1. Acts of the institutions – Directives – Implementation by the Member States – Information given to the Commission concerning planned measures – Obligation of the Commission to react within a specific period – None – Possibility of subsequently bringing proceedings against a Member State for failure to fulfil obligations (EEC Treaty, Arts 5, 169 and 189, third para.) 2. Approximation of laws – Quality of bathing water – Directive 76/160 – Bathing waters – Definition – Areas specially equipped for bathing and supervised by lifeguards – included irrespective of the actual number of bathers (Council Directive 76/160, Art. 1(2)(a), second indent) 3. Approximation of laws – Quality of bathing water – Directive 76/160 – Implementation by the Member States – Obligation as to the result to be achieved (Council Directive 76/160)
1. A Member State which is bound to implement a directive is not entitled to draw the inference from the Commission’s initial failure to react to a communication addressed to it regarding the manner in which the Member State intended to implement the directive that the Commission, which was obliged by neither Article 5 of the Treaty nor the provisions of the directive to express a view within a given period, had approved the criteria notified. It is for the Commission to decide when it intends to formulate objections and there is nothing to prevent it subsequently bringing proceedings against the Member State for failure to fulfil obligations. 2. The definition of ‘bathing water’ within the meaning of the second indent of Article 1(2)(a) of Directive 76/160 concerning the quality of bathing water must, in the light of the directive’ s underlying purpose as expressed in the recitals in the preamble thereto, be understood as encompassing at all events the waters of bathing resorts equipped with certain facilities, such as changing huts, toilets and markers indicating bathing areas, and supervised by lifeguards. 3. Directive 76/160 concerning the quality of bathing water, Article 4(1) of which imposes an obligation on Member States to take all the measures necessary to ensure that their bathing waters conform to the physical, chemical and microbiological values laid down by the directive within a period of ten years from its notification, requires Member States to take steps to ensure that the prescribed results are attained within the period laid down; apart from the derogations expressly provided for by the directive they may not rely on particular circumstances to justify a failure to fulfil that obligation.

Citations:

Independent 24-Aug-1993, C-56/90

Environment, European

Updated: 10 May 2022; Ref: scu.79309

Commission of the European Communities v Ireland: ECJ 19 Oct 1999

The Directive gave member states some discretion as to setting criteria to be fulfilled before a project could be said to have a substantial effect and so require an environmental assessment before being allowed to proceed. Nevertheless, it was not open to members to use a simple size measurement as such a criteria, since this made no allowance for the possible substantial effects of even small projects.

Citations:

Times 19-Oct-1999, C-392/96

Statutes:

Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment., EC Treaty Art 226

Environment, European

Updated: 10 May 2022; Ref: scu.79304

Regina (on the application of Lebus) v South Cambridgeshire District Council: QBD 27 Aug 2002

The applicant opposed permission for an egg-production unit, alleging that an environmental impact assessment was required. The regulations required a screening review to assess whether an assessment was required. There was no formal record of a screening review having been taken into account by the planning committee.
Held: The failure to record the screening was a defect in the way the decision had been reached, and nor was the council able to allow the application to proceed on the basis that fuller details would be supplied later. In deciding whether an EIA is required, the focus should be on likely significant environmental effects rather than on remediation or mitigation measures; and if a decision runs two issues together and rests on the view that remediation measures will be effective to prevent otherwise significant effects, it deprives the public of the opportunity to make informed representations in accordance with the EIA procedures about the adequacy of such measures. The claim was allowed.

Judges:

Mr Justice Sullivan, Richards J

Citations:

Gazette 19-Sep-2002, [2002] EWHC Admin 2009, [2003] JPL 466

Statutes:

Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999

Jurisdiction:

England and Wales

Cited by:

CitedBellway Urban Renewal Southern v Gillespie CA 27-Mar-2003
The applicant appealed against a decision for development granted in the absence of its own decision. The judge had quashed the decision because of the absence of an environmental impact statement.
Held: When making the screening decision, it . .
CitedYounger Homes (Northern) Ltd v First Secretary of State and Another Admn 26-Nov-2003
The claimant sought to quash a planning decision on the basis that a screening decision had not been made.
Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 05 May 2022; Ref: scu.177319

Regina v Cornwall County Council ex p Hardy: Admn 2001

The council granted planning permission although its planning committee had decided that further surveys should be carried out to ensure that bats would not be adversely affected by the proposed development. The question was the adequacy of information provided pursuant to Schedule 3 (where an EIA had been required), rather than the initial decision whether an EIA was required at all. The planning committee had decided that further surveys should be carried out to ensure that bats would not be adversely affected by the development.
Held: Since those surveys might reveal significant adverse effects on bats, it was not open to the committee to conclude that there were no significant nature conservation issues until they had the results of the surveys. The surveys might have revealed significant adverse effects on the bats or their resting places. Without the results of the surveys, they were not in a position to know whether they had the full environmental information required by Regulation 3 before granting planning permission. It was not permissible to defer to the reserved matters stage consideration of the environmental impacts and mitigation measures.

Judges:

Harrison J

Citations:

[2001] 2001 Env LR 473

Jurisdiction:

England and Wales

Cited by:

CitedJones, Regina (on the Application of) v Mansfield District Council and Another CA 16-Oct-2003
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one.
Held: The judge had explained the . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 29 April 2022; Ref: scu.187370

European Parliament v Council of the European Union 162111: ECJ 25 Feb 1999

ECJ Regulations on the protection of forests against atmospheric pollution and fire – Legal basis – Article 43 of the EC Treaty – Article 130s of the EC Treaty – Parliament’s prerogatives.
Europa ‘It is clear from the provisions of the amended regulations that the aims of the Community schemes for the protection of forests are partly agricultural since they are intended in particular to contribute to safeguarding the productive potential of agriculture, and partly of a specifically environmental nature, since their primary objective is to maintain and monitor forest ecosystems.
In such circumstances it is necessary, in order to determine the appropriate legal basis, to consider whether the measures in question relate principally to a particular field of action, having only incidental effects on other policies, or whether both aspects are equally essential. If the first hypothesis is correct, recourse to a single legal basis is sufficient . . ; if the second is correct, it is insufficient . . and the institution is required to adopt the measure on the basis of both the provisions from which its competence derives . . . However, no such dual basis is possible where the procedures laid down for each legal basis are incompatible with each other . . .
With more particular reference to the common agricultural policy and the Community environmental policy, there is nothing in the case-law to indicate that, in principle, one should take preference over the other. It makes clear that a Community measure cannot be part of Community action on environmental matters merely because it takes account of requirements of protection referred to in Article 130r(2) of the EC Treaty . . . Articles 130r and 130s leave intact the powers held by the Community under other provisions of the Treaty and provide a legal basis only for specific action on environmental matters . . . In contrast, Article 130s of the Treaty must be the basis for provisions which fall specifically within the environmental policy . . , even if they have an impact on the functioning of the internal market . . or if their objective is the improvement of agricultural production . .

Citations:

C-164/97

Jurisdiction:

European

Cited by:

CitedHorvath, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs Admn 21-Jul-2006
The claimant sought to challenge the validity of the 2004 Regulations whereby the payment under the Single Payment Scheme was reduced because of the existence of a public right of way across the land.
Held: ‘there are cogent arguments for the . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Environment

Updated: 28 April 2022; Ref: scu.162111

P and O Scottish Ferries Ltd v The Braer Corporation: OHCS 10 Mar 1999

The Act excluded wider claims than those prescribed within it. Economic losses arising for a ferry company losing out because of adverse publicity were not to be claimed. The Act is clear and there is no need to refer back to the Convention on which it was based.

Citations:

Times 10-Mar-1999

Statutes:

Merchant Shipping (Oil Pollution) Act 1971 1, International Convention on Civil Liability for Oil Pollution Damage

Jurisdiction:

Scotland

Environment

Updated: 28 April 2022; Ref: scu.84516

Richmond Upon Thames London Borough Council v Secretary of State for Environment Transport and the Regions and Another: QBD 15 Mar 2001

A larch tree overhung a garden, but was protected by a tree preservation order. The inspector declined authority to lop it on the basis of its value to the amenity. The Secretary overruled this but his decision was, in turn, set aside by the court on the basis that it was first too indistinct to allow the parties to know just what was allowed, and also that in denying the damage to the amenity value, he had failed to give sufficient reasons for going against the inspector.

Citations:

Gazette 15-Mar-2001, Gazette 29-Mar-2001

Statutes:

Town and Country Planning Act 1990 288

Jurisdiction:

England and Wales

Planning, Environment

Updated: 28 April 2022; Ref: scu.88780

Butterworth v West Riding of Yorkshire Rivers Board: HL 26 Nov 1908

The appellants were manufacturers who for fifty years had discharged liquids from their factory into a sewer. The sewer was vested in the local sanitary authority and conveyed the liquids into a stream. The respondents, acting under powers conferred by the West Riding of Yorkshire Rivers Act 1894 (57 and 58 Vict. cap. clxvi) raised an action against the appellants in the County Court in which it was held that the appellants had committed an offence in terms of the Rivers Pollution Act 1876. This was affirmed by the King’s Bench Division. The manufacturers appealed.
Held: A manufacturer who discharges polluting liquids into a public sewer which leads into a stream is a ‘person who causes to fall or flow or knowingly permits to fall or flow or to be carried into any stream any poisonous, noxious, or polluting liquid proceeding from any factory,’ and thereby commits an offence under the Rivers Pollution Prevention Act 1876, sec. 4. He is not exempted from the provision of the Act by proving a prescriptive right to use the public sewer in the manner complained of.

Judges:

Lord Chancellor (Lorehurn), Lords Macnaghten, Robertson, and Collins

Citations:

[1908] UKHL 1020, 46 SLR 1020

Links:

Bailii

Statutes:

Rivers Pollution Prevention Act 1876 4 7

Jurisdiction:

England and Wales

Environment

Updated: 26 April 2022; Ref: scu.621524

Plan B Earth and Others, Regina (on The Application of) v Secretary of State for Business, Energy and Industrial Strategy: Admn 20 Jul 2018

Renewed application for permission to apply for judicial review, brought by Plan B Earth and eleven other claimants, of the refusal by the Defendant to revise the 2050 carbon target

Judges:

Supperstone J

Citations:

[2018] EWHC 1892 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Environment

Updated: 25 April 2022; Ref: scu.620658

Rogesa v Commission: ECFI 11 Jul 2018

Judgment – Access to documents – Regulation (EC) No 1049/2001 – Greenhouse gas emission allowance trading scheme – Request for access to information on the determination of the 10% most efficient installations the steel industry – Refusal of access – Exception relating to the protection of the commercial interests of a third party – Higher public interest – Regulation (EC) No 1367/2006 – Concept of information relating to emissions in the environment – Respect of deadlines

Citations:

ECLI:EU:T:2018:423, T-643/13, [2018] EUECJ T-643/13

Links:

Bailii

Jurisdiction:

European

Environment, Information

Updated: 25 April 2022; Ref: scu.620042

Commission v Slovakia C-626/16: ECJ 4 Jul 2018

Failure of A Member State To Fulfil Obligations – Environment – Landfill of Waste – Judgment – Failure of a Member State to fulfil obligations – Environment – Landfill of waste – Directive 1999/31/EC – Existing landfill sites – Article 14 – Definite decision on whether or not operations may continue – Article 13 – Closure procedures – Judgment of the Court declaring a failure to fulfil obligations – Non-compliance – Article 260(2) TFEU – Pecuniary penalties – Penalty payment and lump sum

Citations:

ECLI:EU:C:2018:525, [2018] EUECJ C-626/16

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 25 April 2022; Ref: scu.620009

Steetley Dolomite Ltd v Environment Agency: FTTGRC 23 May 2018

The court was asked whether or not a company is entitled to 184,630 allowances issued to it under the EU Greenhouse Gas Emissions Trading Scheme in respect of an industrial plant, Thrislington, for the calendar year 2016 during which the plant did not produce any emissions.

Citations:

[2018] UKFTT NV – 2018 – 0003

Links:

Bailii

Jurisdiction:

England and Wales

Environment, European

Updated: 25 April 2022; Ref: scu.619935

Lanarkshire County Council v Coatbridge Magistrates: HL 8 Apr 1910

In a petition under the Rivers Pollution Prevention Acts to have the magistrates of certain burghs ordained to abstain from ‘causing to fall or flow, or knowingly permitting to fall or flow or to be carried, into certain streams any solid or liquid sewage matter, held that it was irrelevant to aver in defence that the streams were so polluted as to be merely sewers into which it could not possibly be an offence to put sewage.

Judges:

Lord Chancellor (Loreburn), Earl of Halsbury, Lord James, Lord Atkinson, Lord Collins, and Lord Shaw

Citations:

[1910] UKHL 508, 47 SLR 508

Links:

Bailii

Jurisdiction:

Scotland

Environment

Updated: 25 April 2022; Ref: scu.619790

Klohn v An Bord Pleanala; Sligo County Council, Maloney and Matthews Animal Collections Ltd: ECJ 5 Jun 2018

Environmental Impact Assessment – Notion of ‘Not Prohibitively Expensive – Opinion – Reference for a preliminary ruling – Environment – Impact assessment – Access to a review procedure – Requirement that review procedure is not prohibitively expensive – Notion of ‘not prohibitively expensive’ – General principle of law – Temporal application – Direct effect – res judicata – Consequences for a decision awarding costs that has become definitive

Judges:

Bobek AG

Citations:

C-167/17, [2018] EUECJ C-167/17 – O, ECLI:EU:C:2018:387

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 22 April 2022; Ref: scu.616997

Commission v Italy C-251/17: ECJ 31 May 2018

Environment – Judgment – Failure of a Member State to fulfill obligations – Urban waste water collection and treatment – Directive 91/271 / EEC – Articles 3, 4 and 10 – Judgment of the Court establishing a failure to fulfill obligations – Non-implementation – Article 260 (2) TFEU – Financial penalties – Time-limit and lump sum

Citations:

[2018] EUECJ C-251/17, ECLI:EU:C:2018:358

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 22 April 2022; Ref: scu.616930

Commission v Bulgaria C-97/17: ECJ 26 Apr 2018

Environment – Conservation of Wild Birds – Judgment – Failure of a Member State to fulfil obligations – Protection of nature – Directive 2009/147/EC – Conservation of wild birds – Special Protection Area (SPA) – Classification as SPAs of the most suitable territories in number and size for the conservation of the bird species listed in Annex I to Directive 2009/147 – Important Bird Area (IBA) – IBA Rila – Partial classification of IBA Rila as an SPA

Citations:

ECLI:EU:C:2018:285, [2018] EUECJ C-97/17

Links:

Bailii

Jurisdiction:

European

Environment, Animals

Updated: 14 April 2022; Ref: scu.609302

Grace and Sweetman v An Bord Pleanala: ECJ 19 Apr 2018

Environment – Assessment of The Implications of A Wind Farm Project – Opinion – Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Article 6(3) – Directive 2009/147/EC – Assessment of the implications of a wind farm project for a special protection area – Hen harrier (Circus cyaneus) – Mitigation measures

Citations:

ECLI:EU:C:2018:274, [2018] EUECJ C-164/17 – O

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 13 April 2022; Ref: scu.609058

Southern Water Authority v Nature Conservancy Council: HL 9 Sep 1992

That a Water Authority was digging a ditch was not a sufficient connection with the land to make them occupiers and capable of committing an offence as occupiers. The statutory provisions were toothless for ‘it needs only a moment to see that this regime is toothless, for it demands no more from the owner or occupier of an SSSI than a little patience.’

Judges:

Lord Mustill

Citations:

Gazette 09-Sep-1992, [1992] 1 WLR 775

Statutes:

Wildlife and Countryside Act 1981 28(5)(a)

Cited by:

CitedTrailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another CA 15-Dec-2004
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 10 April 2022; Ref: scu.89423

Regina v Environment Agency, ex parte Castle Cement Ltd: QBD 5 Apr 2001

The applicant burned Cemfuel in its Cement Works. The Agency changed the licence conditions to declare that Cemfuel was a hazardous waste. The issue was whether the recovery of Cemfuel from waste created a product no longer waste, and that process was complete by the time it came to be used by them. It was held that Cemfuel was an remained a hazardous waste, until ‘recovered by being used up entirely as fuel. A partial use did not result in it ceasing to be waste.

Citations:

Gazette 05-Apr-2001

Statutes:

Council Directive 94/67/EC on the incineration of hazardous waste, Environmental Protection Act 1990

Environment

Updated: 10 April 2022; Ref: scu.88444

Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the Environment Agency had properly considered to be outwith its jurisdiction. The later confirmation by the Food Standards Agency of the licence remedied the defect as regards the need for its approval at the time.

Citations:

Gazette 12-Apr-2001

Statutes:

Recommendations of the International Commission on Radiological Protection (Nov 1990), Environment Act 1995 16(4A)(b)

European, Environment, Administrative

Updated: 10 April 2022; Ref: scu.88445

Regina v Secretary of State for the Environment Ex Parte Bagshaw, Regina v Sane Ex Parte Norton and Bagshaw: QBD 6 May 1994

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.’

Judges:

Owen J

Citations:

Times 06-May-1994, [1994] 68 P and CR 402

Statutes:

Wildlife and Countryside Act 1981 53(3)(c)(I)

Cited by:

CitedTodd, Bradley v The Secretary of State for Environment Food and Rural Affairs Admn 22-Jun-2004
Application was made to quash an order modifying the Council’s definitive map of public rights of way.
Held: Before the Secretary of State could confirm a Council’s modification of a right of way shown on the definitive map, where that . .
CitedRegina v Secretary of State for Wales Ex Parte Emery CA 9-Jul-1997
The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it.
Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over . .
Lists of cited by and citing cases may be incomplete.

Environment, Land

Updated: 10 April 2022; Ref: scu.87786

Regina v Secretary of State Environment, ex parte Friends of the Earth Ltd and Another: QBD 4 Apr 1994

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.

Citations:

Times 04-Apr-1994, Independent 12-Apr-1994

Statutes:

Water Industry Act 1991 68(1)(a)

Environment, European, Utilities

Updated: 10 April 2022; Ref: scu.87695

Regina v Northumbrian Water Limited, Ex Parte Newcastle and North Tyneside Health Authority: QBD 3 Feb 1999

A water company’s duty as regards fluoridation of water supplies, is to have regard to the interests of its shareholders, not the general public good. Having considered this with the Health authority, it had the choice as a private company to choose.

Citations:

Gazette 03-Feb-1999, [1998] All ER (D) 733

Statutes:

Water Industry Act 1991 87

Environment

Updated: 09 April 2022; Ref: scu.87475

Regina v Milford Haven Port Authority: Crwn 10 Mar 1999

A four million pound fine for a major pollution event was proper to reflect the genuine and justified public concern which had been caused. If damage flowed directly from the conduct of a business, the business was as liable as those directly responsible.

Citations:

Gazette 10-Mar-1999

Statutes:

Water Resources Act 1991 85(1)

Environment

Updated: 09 April 2022; Ref: scu.87345

Regina (Fernback and Others) v Harrow London Borough Council: QBD 15 May 2001

The local planning authority adopted a screening opinion that proposed development was not development requiring an EIA under the 1999 Regulations. About a year later it granted planning permission for the proposed development. Local residents challenged the legality of the planning permission. It was open to a planning authority to reconsider the need for an environmental impact assessment and if necessary to change its mind, but it had no duty to reconsider that original opinion when it came to determine the planning application. A screening decision by the Secretary of State was determinative of the need for an assessment, but a positive view of the planning authority was so in the absence a decision otherwise by the Secretary. The authority therefore retained a discretion but no duty, to review the need for an assessment.

Judges:

Richards J

Citations:

Times 15-May-2001, Gazette 07-Jun-2001, [2002] Env LR 10

Statutes:

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199)

Citing:

See AlsoFernback; Berger; Jacobs; Strachan and Wong v London Borough of Harrow Admn 11-Apr-2000
. .

Cited by:

ConfirmedFriends of Basildon Golf Course v Basildon District Council and Another Admn 23-Jan-2009
The council owned land on which it ran a golf course. It set out to privatise it and sought interest. An application was made for planning permission. The applicants objected to the planning permission, saying that the Environmental Impact . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 09 April 2022; Ref: scu.85964

Regina (Marchiori and Another) v Environmental Agency: QBD 1 May 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the Environment Agency had properly considered to be outwith its jurisdiction. The later confirmation by the Food Standards Agency of the licence remedied the defect as regards the need for its approval at the time.

Citations:

Times 01-May-2001

Statutes:

Recommendations of the International Commission on Radiological Protection (Nov 1990), Environment Act 1995 16(4A)(b)

European, Environment, Administrative

Updated: 09 April 2022; Ref: scu.85985

Rae (Agnes) v Glasgow City Council and Another: OHCS 22 Apr 1997

An employer may be liable for damages for passive smoking if the claim is pleaded correctly.

Citations:

Times 22-Apr-1997

Statutes:

Offices Shops and Railway Premises Act 1963 7

Environment, Employment, Health and Safety, Negligence

Updated: 09 April 2022; Ref: scu.85639

Regina v Secretary of State for the Environment Transport and the Regions, Ex Parte Premiere Environmental Ltd: QBD 15 Mar 2000

A waste disposal licence was suspended. The notice provided that the suspension would terminate when the Environment Agency notified the licence holder that it in its view the disposal could safely be continued. The company complained that this was not sufficiently an ‘event’ and that accordingly the notice was ineffective. It was held that the word ‘event’ should not be construed so restrictively. The event should be related to the suspension but not further limited in its nature. The condition was appropriate.

Citations:

Times 15-Mar-2000

Licensing, Environment

Updated: 09 April 2022; Ref: scu.85496

Regina v Secretary of State for Trade and Industry and Others, Ex Parte Greenpeace Ltd: QBD 19 Jan 2000

The European Community Directive on Habitats applied to the United Kingdom continental shelf, and was not restricted in its effect to the territorial limit of 12 miles. The Secretary of State in granting licences for the exploration of such waters for oil without regard to the Directive was acting unlawfully. Such activities could only be undertaken after giving consideration to the protection of threatened marine species.

Citations:

Times 19-Jan-2000

Statutes:

Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna

European, Environment

Updated: 09 April 2022; Ref: scu.85542

Regina v Durham County Council Ex Parte Huddleston: QBD 28 Jan 2000

A quarry owner had allowed his mineral extraction licence to lapse, and sought to renew the permission. The authority failed to issue a decision within the appropriate time period, and a deemed permission was granted. It was held however that where an application would as in this case require an environmental impact assessment, a deemed consent would require such an assessment also.

Citations:

Times 28-Jan-2000

Citing:

See AlsoRegina v Durham County Council Sherburn Stone Company Limited Secretary of State for Environment, Transport and Regions ex parte Rodney Huddleston CA 15-Feb-1999
. .
See AlsoRegina v Durham County Council Sherburn Stone Company Limited ex parte Huddlestone Admn 28-Jul-1999
. .
See AlsoRegina v Durham County Council ex parte Rodney Huddleston Admn 17-Aug-1999
Variation of interim injunction to allow works preparatory to development pending appeal against refusal of planning permission. . .

Cited by:

Appeal fromRegina v Durham County Council and Others Ex Parte Huddleston CA 15-Mar-2000
A quarry owner had allowed his mineral extraction licence to lapse, and sought to renew the permission. The authority failed to issue a decision within the appropriate time period, and a deemed permission was granted. The UK system appeared not to . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 09 April 2022; Ref: scu.85243

Regina v Harris: CACD 2 May 2000

A farmer obtained a license for landfill. He continued to operate the landfill site, even though he was subject to a stop notice from the local planning department. He was accused of fraudulently evading payment of landfill tax. He claimed that, since the landfill operation was in breach of the stop notice, he was not operating under the licence, and no tax was payable, since the liability to tax only attached to licensed sites.
Held: The stop notice did not suspend the licence which was controlled by a different authority, and so the continued disposal was by virtue of the licence and was taxable.

Citations:

Times 02-May-2000

Statutes:

Control of Pollution Act 1974, Finance Act 1996

Environment

Updated: 09 April 2022; Ref: scu.85297

Regina v Derbyshire County Council Ex Parte Murray: QBD 19 Oct 2000

The applicant sought to challenge the grant of licences for extraction of clay and other minerals. He claimed that the authority had failed to give proper consideration to the guidance from the department, that they had failed to give proper weight to the objectives required, and that the environmental report was inadequate. It was held that the authority had indeed properly allowed for the report, that the authority having considered the objectives, it was not open to the court to look at what importance had been assigned to the different elements, and that the environmental assessment had been challenged too late in the proceedings.

Citations:

Gazette 19-Oct-2000, Times 08-Nov-2000

Planning, Environment

Updated: 09 April 2022; Ref: scu.85221

Regina v Anglian Water Servies, ex Parte Three Valleys Water Plc: QBD 20 Jan 2000

The respondent was successor to the owners of a reservoir, and the applicants sought to increase the amount of water they could draw daily. It was agreed that the respondent was not a statutory water undertaker, and the extent of the applicants right of supply was governed by the Act establishing the right to draw water. Still, the applicants were not entitled to the full amount of water supply they sought.

Citations:

Gazette 20-Jan-2000

Land, Environment, Utilities

Updated: 09 April 2022; Ref: scu.85113

Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994

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.

Citations:

Times 08-Nov-1994, Ind Summary 07-Nov-1994, [1995] Env LR 176, [1995] 27 HLR 189

Statutes:

Environmental Protection Act 1990

Cited by:

CitedSurrey Free Inns Plc v Gosport Borough Council Admn 28-Jan-1998
The local authority issued a noise nuisance abatement notice. By the time the matter came to the court, the nuisance had been abated.
Held: The background situation justifying the issue of a nuisance abatement notice was to be assessed at the . .
CitedBudd v Colchester Borough Council CA 30-Jan-1997
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 . .
CitedKirklees Metropolitan Council v Field; Thackray; Marsh and Wilson Admn 31-Oct-1997
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 . .
CitedAMEC Building Limited and Squibb and Davies Limited v London Borough of Camden Admn 19-Jul-1996
. .
CitedVella v London Borough of Lambeth Admn 14-Nov-2005
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Environment, Nuisance, Housing

Updated: 09 April 2022; Ref: scu.84259

National Rivers Authority v Wright Engineering Co Ltd: QBD 19 Nov 1993

Escape following vandalism was not ’caused’ by the company. It was not foreseeable. Although there had been past incidents of vandalism at the defendant’s premises, ‘the vandalism involved was not reasonably foreseeable because it was out of all proportion to the earlier and more minor incidents.’ Though Welsh Water Authority -v- Williams Motors (Cwmdu) Ltd was approved, ‘that does not mean that foreseeability is wholly irrelevant. It is one factor which a tribunal may properly consider in seeking to apply common sense to the question: who or what caused the result under consideration.’

Judges:

Buckley J

Citations:

Independent 19-Nov-1993, [1994] 4 All ER 281

Statutes:

Water Act 1989 107(1)(a)

Citing:

ApprovedWelsh Water Authority v Williams Motors (Cwmdu) Ltd QBD 1-Dec-1988
Oil was supplied to Williams Motors by Autobrec Oils and there was spillage from an offset fuel pipe out of sight of the delivery driver. Some of the spilt oil got into the storm drainage, and thus into a canal. Williams Motors were charged under . .

Cited by:

CitedEmpress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 09 April 2022; Ref: scu.84191

Mott and Another v Environment Agency: CA 25 Jan 1999

A bylaw allowing the placing of fixed engines for the purposes of fishing for eels was not made in excess of the statutory power of the authority, and the Agency was liable in damages for having unlawfully seized the applicants’ eel fishing equipment.

Citations:

Times 25-Jan-1999

Statutes:

Salmon and Freshwater Fisheries Act 1975

Jurisdiction:

England and Wales

Environment

Updated: 09 April 2022; Ref: scu.83880

Lambie and Another v Thanet District Council: QBD 17 Aug 2000

The local authority served notices for noise abatement, requiring the land owners to install sound limiting devices. The owners claimed that the terms of the notice were ultra vires in requiring them to allow entrance to the authority’s officers, and were uncertain in their requirements.
Held: The notices required a step to be taken within the Act, and were valid. The uncertainty in the remaining parts of the notice could be cured by substitution of a general reference to residential property.

Citations:

Gazette 17-Aug-2000

Statutes:

Environmental Protection Act 1990 80

Nuisance, Environment

Updated: 09 April 2022; Ref: scu.82908

Landcatch Ltd v The Braer Corporation and Others: OHCS 6 Mar 1998

The pursuers reared salmon eggs to the age of two years (smolt), before then selling them on. The defenders caused an oil spill, and the area was designated as an exclusion zone preventing the pursuers continuing their trade and could not sell their smolt save at a much reduced price or not at all.
Held: The liability for damages flowing from an oil spill at sea were limited. These damages were only relational economic loss occurring in the area of the spill.

Judges:

Lord Gill

Citations:

Times 06-Mar-1998, [1998] 2 Lloyd’s LR 552

Statutes:

Merchant Shipping (Oil Pollution) Act 1971

Cited by:

Appeal fromLandcatch Limited v The Braer Corporation and Williams and Jones and Hudner and Assurance Foreningen Skuld and the International Oil Pollution Compensation Fund IHCS 19-May-1999
The pursuers raised freshwater salmon (smolt) to the age of two before selling them on. An oil spill prevented them trading. They appealed a refusal of damages on the baiss that this was pure relational economic loss.
Held: The appeal failed. . .
CitedD Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
Lists of cited by and citing cases may be incomplete.

Environment, Scotland

Updated: 09 April 2022; Ref: scu.82941

Jordan v Norfolk County Council: ChD 25 May 1994

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.’

Judges:

Sir Donald Nicholls VC

Citations:

Times 25-May-1994, Ind Summary 20-Jun-1994, Gazette 03-Aug-1994, [1994] 4 All E R 218, [1994] 1 WLR 1353

Cited by:

CitedMidtown Ltd v City of London Real Property Company Ltd ChD 20-Jan-2005
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any . .
CitedCalgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Land, Environment

Updated: 09 April 2022; Ref: scu.82627

In Re Rhondda Waste Disposal Company Ltd (In Administration): ChD 13 Aug 1999

Where a company had gone into administration, it was not correct for a criminal prosecution under the Act to proceed without first getting the consent of the court or of the company’s administrator. Such proceedings constituted ‘other proceedings’ under the Insolvency Act. The divisional court was not bound by decisions of the Court of Session where the decision was not on all fours with the instant case.

Citations:

Times 13-Aug-1999

Statutes:

Environmental Protection Act 1990, Insolvency Act 1986 10 11

Environment

Updated: 08 April 2022; Ref: scu.82150

Gray and Another v Braer Corporation and Others: OHCS 10 Mar 1999

The Act limited claims generally to three years after any damage arose with a back-stop maximum of six years after which no claim at all could be begun. Section is a prescriptive provision not by way of a limitation period as such.

Citations:

Times 10-Mar-1999

Statutes:

Merchant Shipping (Oil Pollution) Act 1971 9

Jurisdiction:

Scotland

Environment

Updated: 08 April 2022; Ref: scu.80982

Botross v Hammersmith and Fulham London Borough Council: QBD 7 Nov 1994

Statutory nuisance proceedings are in their nature criminal proceedings, and compensation may be awarded by the court.

Citations:

Times 07-Nov-1994, (1994) 16 Cr App R (S) 622

Statutes:

Environmental Protection Act 1990 82(1)

Jurisdiction:

England and Wales

Citing:

AdoptedRegina v Inner London Crown Court ex parte Bentham QBD 1989
The defendant sought legal aid to defend an action to abate a statutory nuisance under the 1936 Act.
Held: Such an action was criminal in nature. The action had been brought under section 99, but the imposition of a penalty under s94 was a . .

Cited by:

CitedRegina v Liverpool Crown Court, Ex Parte Cooke QBD 3-Apr-1996
Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of andpound;3,000 compensation.
Held: Compensation should be awarded . .
FollowedDavenport v Walsall Metropolitan Borough Council CA 17-Mar-1995
The court was concerned with the refusal of the magistrates to make a compensation order after a plea of guilty to a statutory nuisance. The magistrates had also refused to award costs of the adjourned hearing at which compensation had been sought. . .
Lists of cited by and citing cases may be incomplete.

Environment, Nuisance

Updated: 08 April 2022; Ref: scu.78502

Assurenceforeningen Skuld v International Oil Pollution Compensation Fund and An: OHCS 14 Jun 1999

Where a compensation fund had been created with a last date for compensation claims to be made fixed, the Act was silent about how late claims were to be dealt with. There is no rule to say that applications for an extension of time must be made in advance, and the court felt it must be possible to apply.

Citations:

Times 14-Jun-1999

Statutes:

Merchant Shipping (Oil Pollution) Act 1971 5(3)

Environment

Updated: 08 April 2022; Ref: scu.77929

Saras Energia v State Administration: ECJ 12 Apr 2018

Energy – Opinion – Reference for a preliminary ruling – Directive 2012/27 / EU – Promotion of energy efficiency – Energy efficiency obligations mechanism – Other public policy measures – National Energy Efficiency Fund – Contribution obligation – Distributors of Energy and / or Retail Energy Sales Companies Required – Motivation

Citations:

C-561/16, [2018] EUECJ C-561/16 – O, [2018] EUECJ C-561/16

Links:

Bailii, Bailii

Jurisdiction:

European

Environment, Utilities

Updated: 07 April 2022; Ref: scu.608647

PPC Power v Financne riaditelstvo Slovenskej republiky: ECJ 12 Apr 2018

Environment – Scheme for Greenhouse Gas Emission Allowance Trading – Judgment – Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Objectives – Free allocation of allowances – National legislation making transferred and unused allowances subject to taxation)

Citations:

ECLI:EU:C:2018:245, [2018] EUECJ C-302/17

Links:

Bailii

Statutes:

Directive 2003/87/EC

Jurisdiction:

European

Environment

Updated: 07 April 2022; Ref: scu.608645

Commission v Germany -C-668/16: ECJ 11 Apr 2018

Approximation of Laws – Opinion – Failure of a Member State to fulfill obligations – Directive 2007/46 / EC – Liability of national authorities – Measures relating to the conformity of vehicles with technical requirements – Balancing the conformity gap and safety risks – Obligations of the manufacturer – Penalties – Directive 2006/40 / EC – Limit on emissions from air-conditioning systems of motor vehicles – Circumvention of the Directive

Citations:

ECLI:EU:C:2018:230, [2018] EUECJ C-668/16 – O

Links:

Bailii

Statutes:

Directive 2007/46/EC

Jurisdiction:

European

Road Traffic, Environment

Updated: 07 April 2022; Ref: scu.608633

People Over Wind and Sweetman v Teoranta: ECJ 12 Apr 2018

Environment – Conservation of Natural Habitats – Judgment – Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats – Special areas of conservation – Article 6(3) – Screening in order to determine whether or not it is necessary to carry out an assessment of the implications, for a special area of conservation, of a plan or project – Measures that may be taken into account for that purpose

Citations:

C-323/17, [2018] EUECJ C-323/17, [2018] WLR(D) 214

Links:

Bailii, WLRD

Jurisdiction:

European

Environment

Updated: 07 April 2022; Ref: scu.608643

Aher-Waggon v Bundesrepublik Deutschland: ECJ 14 Jul 1998

ECJ (Judgment) Measures having equivalent effect – Directives on noise emissions from aircraft – Stricter domestic limits – Barrier to the importation of an aircraft – Environmental protection

Citations:

C-389/96, [1998] EUECJ C-389/96

Links:

Bailii

Jurisdiction:

European

Transport, Environment

Updated: 04 April 2022; Ref: scu.161998

Office Of Communications v UK Information Commissioner: ECJ 28 Jul 2011

ECJ Public access to environmental information – Directive 2003/4/EC – Article 4 – Exceptions to the right of access – Request for access involving more than one of the interests protected under Article 4(2) of that directive)

Citations:

[2011] EUECJ C-71/10, [2012] Env LR 7, [2011] PTSR 1676, [2011] 2 Info LR 1, [2012] 1 CMLR 7

Links:

Bailii

Jurisdiction:

European

Citing:

OpinionOffice Of Communications v UK Information Commissioner ECJ 10-Mar-2011
ECJ (Opinion of Advocate General Kokott) Directive 2003/4/EC – Access to environmental information – Exceptions – Public interest in disclosure – Interest served by refusal – Balancing exercise – Cumulation of . .
Lists of cited by and citing cases may be incomplete.

Environment, Information

Updated: 29 March 2022; Ref: scu.593109

Vecco and Others v Commission: ECJ 13 Jul 2017

(Authorisation – Substances of Very High Concern : Judgment) Appeal – Regulation (EC) No 1907/2006 (REACH) – Article 58(2) – Authorisation – Substances of very high concern – Exemption – Regulation amending Annex XIV to Regulation (EC) No 1907/2006 – Inclusion of chromium trioxide in the list of substances subject to authorisation

Citations:

C-651/15, [2017] EUECJ C-651/15

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 27 March 2022; Ref: scu.590528