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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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