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08 August 2014
Issue: 7618 / Categories: Case law , Law reports , In Court
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Costs—Protective costs order—Aarhus Convention

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012, [2014] All ER (D) 199 (Jul)

Court of Appeal, Civil Division, Elias & Pitchford LJJ, 21 July 2014 Private nuisance actions are, in principle, capable of constituting procedures which fall within the scope of Art 9.3 of the Aarhus Convention, where there is a significant public interest in the action.

Stephen Tromans QC & Catherine Dobson (instructed by Richard Buxton) for the appellant. James Pereira QC & Jack Connah (instructed by DLA Piper UK LLP) for the respondent.

The appellant’s home was close to an open-cast coal mine operated by the respondent. The respondent was carrying out a land reclamation project, subject to conditions attached to the development permission, requiring effective noise and dust suppression measures to be taken. The appellant wished to bring a claim in private nuisance, alleging that she was affected by dust and noise, which unreasonably interfered with the enjoyment of her home. She contended that that would not happen if the respondent complied with

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

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Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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