header-logo header-logo

23 October 2024
Issue: 8091 / Categories: Legal News , Nuisance , Public , Judicial review
printer mail-detail

Justices order ‘speedy’ course in waste case

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.’

Issue: 8091 / Categories: Legal News , Nuisance , Public , Judicial review
printer mail-details

MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
back-to-top-scroll