A judicial review regarding a waste disposal site can go ahead despite the fact the claimant could bring a nuisance claim instead, the Supreme Court has held
In Noeleen McAleenon, re application for judicial review (Northern Ireland) [2024] UKSC 31, the applicant complained about noxious odours from a waste site since 2018, causing her headaches, nausea and stomach problems, and forcing her to stay indoors with the windows shut. Other local residents have also complained.
McAleenon sought to bring judicial review proceedings against the relevant public bodies for not taking action to prevent the escaping smells. However, the public bodies argued she should be refused as she had adequate alternative remedies via a private prosecution of the owner or a private law nuisance claim.
Five justices unanimously granted her application. Lords Sales and Stephens said: ‘Judicial review is a comparatively speedy and simple process, involving significantly less time and cost than would be likely to be required for a trial in a private prosecution or in a civil claim in nuisance.’
Moreover, if a civil claim succeeded but the waste company was unable to pay, ‘Ms McAleenon would be left without recourse against anyone else.
‘It is not appropriate in a claim against a public authority for the authority to invite the court potentially to become embroiled in satellite issues involving an investigation into whether a third party might or might not be able to meet an order to pay damages made in different proceedings against it.
‘Nor is it appropriate for the authority to seek to avoid its own liability to pay compensation by pointing to the possibility that someone else might have a concurrent liability to pay damages, and on that basis contend that the claim against itself should be blocked so that it cannot be made subject to any order at all.’
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