header-logo header-logo

Costs—Protective costs order—Aarhus Convention

08 August 2014
Issue: 7618 / Categories: Case law , Law reports , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll