Environmental Law News Update – Six Pump Court
‘Alame and others v Shell: Court of Appeal provide guiding principles on progressing a large environmental group litigation.’
Six Pump Court, 13th January 2025
Source: 6pumpcourt.co.uk
Category: nuisance
The tort of nuisance and the consistory courts: Re St James, Southlake – Law & Religion UK
‘Does the grant of a faculty authorising works to a church building or its surrounding property render immunity from an action for nuisance? The issue has arisen again in relation to two objections to a recent faculty petition.’
Law & Religion UK, 24th February 2025
Source: lawandreligionuk.com
Pet owner hit with £3,000 fine after ‘nightmare’ cockerel crows 76 times an hour – The Independent
‘A pet owner has been ordered to pay more than £3,000 after neighbours repeatedly complained about his unruly cockerel’s constant crowing.’
The Independent, 21st February 2025
Source: www.independent.co.uk
Bits of interest – Nearly Legal
‘A couple of brief notes on things of interest.’
Nearly Legal, 16th February 2025
Source: nearlylegal.co.uk
Ecclesiastical court judgments – January – Law & Religion UK
‘Only three consistory court judgments were circulated in January 2025; these included: the application of the tort of nuisance; the replacement of condemned wall-mounted heaters with a new boiler and wet system; and a burial plot that had been reserved by two families. However, this review also includes: CDM Decisions and Safeguarding; CFCE Determinations; and links to other posts relating to ecclesiastical law.’
Law & Religion UK, 31st January 2025
Source: lawandreligionuk.com
Regulators must regulate lawfully: The availability of private law claims and remedies does not oust judicial review – Henderson Chambers
‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’
Henderson Chambers, 5th November 2024
Source: www.hendersonchambers.co.uk
Ealing comedy. Getting statutory nuisance very wrong – Nearly Legal
‘Ferko v Ealing Magistrates Court & Ors (2024) EWHC 2592 (Admin). This was an appeal by case stated to the High Court from a decision of Ealing Magistrates Court on a statutory nuisance/section 82 Environmental Protection Act 1990 prosecution. It is also a remarkable illustration of just how wrong the Magistrates can get such a prosecution, as well as being a helpful primer to constituent elements of an EPA prosecution case.’
Nearly Legal, 15th December 2024
Source: nearlylegal.co.uk
Supreme Court clarifies suitable alternative remedies to judicial review – OUT-LAW.com
‘The UK Supreme Court has made it clear that judicial review is generally available to hold regulators to account and ensure they fulfil their functions.’
OUT-LAW.com, 21st October 2024
Source: www.pinsentmasons.com
High Court judge gives reasons for granting councils five-year injunction over Just Stop Oil protests – Local Government Lawyer
‘The High Court has granted Thurrock Council and Essex County Council a five-year injunction subject to yearly review against persons unknown in response to protest activity by Just Stop Oil.’
Local Government Lawyer, 15th October 2024
Source: www.localgovernmentlawyer.co.uk
The recent sentencing of climate protestors – Six Pump Court
‘On 18th July 2024, attentions were drawn to the sentences received by five Just Stop Oil activists, including its co-founder, Roger Hallam, for the offence of conspiracy to intentionally cause a public nuisance, namely by disrupting traffic on the M25.[1] Mr Hallam received a sentence of five years and the others received sentences of four years. Many viewed the sentences as excessive and repressive considering that the protests were peaceful,[2] despite causing large-scale disruption with significant economic consequences.’
Six Pump Court, 9th August 2024
Source: 6pumpcourt.co.uk
High Court judge criticises council over handling of contempt proceedings in dispute over riverboats – Local Government Lawyer
‘The London Borough of Richmond has lost a case over mooring on the River Thames in which a judge had earlier “excoriated” another judge’s order.’
Local Government Lawyer, 29th August 2024
Source: www.localgovernmentlawyer.co.uk
Police officers used ‘unnecessary force’ on woman – BBC News
‘Two police officers committed gross misconduct by using “unnecessary force” on a vulnerable woman in Bristol, a panel has found.’
BBC News, 17th August 2024
Source: www.bbc.co.uk
Disrepair claims in the County Court – Becket Chambers
‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’
Becket Chambers, 22nd July 2024
Source: becket-chambers.co.uk
Opening the Sewer-Gates: An Exploration of the Supreme Court’s Decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22 – Francis Taylor Building
‘Winston Churchill once remarked that “[for] my own part, I see little glory in an Empire which can rule the waves and is unable to flush its sewers”. Had he been alive today, he may have lamented that modern Britain now does neither.’
Francis Taylor Building, 18th July 2024
Source: www.ftbchambers.co.uk
Alerter by Jack Castle – Manchester Ship Canal (No.2) and Group Litigation – Henderson Chambers
‘The Supreme Court in Manchester Ship Canal (No.2) [2024] UKSC 22 has decided that a riparian owner will have a right of action in private nuisance against a water company for discharge of foul water, without needing to show the water company’s negligence or deliberate misconduct. This is a substantial clarification of Marcic v Thames Water Utilities Ltd [2003] UKHL 66, which (it was thought) decided that such claims were barred against sewerage undertakers by the existence of the statutory scheme following privatisation. This decision may mark the beginning of group litigation against sewerage undertakers for discharging untreated sewage into rivers and canals.’
Henderson Chambers, 12th July 2024
Source: www.hendersonchambers.co.uk
Case Summary (Property): The Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2 [2024] UKSC 22 – Lamb Chambers
‘Absent negligence or deliberate misconduct, can owners of watercourses or bodies of water bring actions for nuisance or trespass where water is polluted from statutory sewerage undertakers?’
Lamb Chambers, July 2024
Source: www.lambchambers.co.uk
Just Stop Oil protesters jailed after M25 blocked – BBC News
‘Five environmental activists who organised protests that brought part of the M25 to a standstill over four days have been jailed.’
BBC News, 18th July 2024
Source: www.bbc.co.uk
What restrictions are placed on defendants in climate protest trials? – The Guardian
‘The chaotic scenes inside and outside court at the trial of five people accused of conspiring to block traffic on the M25 in 2022 have highlighted restrictions placed on defendants in a number of climate protest trials that people are seeking to challenge, but risk falling foul of the law as they seek to do so. Here the Guardian explains the basis of the restrictions and why they are so contentious.’
The Guardian, 11th July 2024
Source: www.theguardian.com
Just Stop Oil activists found guilty of conspiring to block M25 traffic – The Guardian
‘Five environmental activists are facing long sentences after they were found guilty of conspiring to block traffic on the M25, after a trial in which the defendants were arrested various times for defying the court.’
The Guardian, 11th July 2024
Source: www.theguardian.com
Lake District sewage campaigners launch nuisance complaint in legal first – The Guardian
‘Campaigners fighting to stop sewage discharges into Windermere, the Lake District’s largest lake, have made a statutory nuisance complaint against a water company in the first legal action of its kind.’
The Guardian, 26th June 2024
Source: www.theguardian.com
