Hardy & Maile v. United Kingdom, ECtHR, 14 February 2012 read judgment This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged [...]
Archive for the ‘Environment’ Category
Does a risk of an explosion engage Article 8?
Posted in Art. 8 | Right to Privacy/Family, Environment, European, Freedom of Information, In the news on February 15, 2012 |
Aarhus and environmental judicial review: cracking legal costs per Jackson LJ
Posted in Costs and Procedure, Environment, European, Features, In the news, International on February 2, 2012 |
In October 2011, I posted on an important consultation, Cost Protection for Litigants in Environmental Judicial Review Claims, in which the Ministry of Justice wheeled out its proposals to get it out of the various scrapes caused by the expense of environmental challenges. The Aarhus Convention requires that environmental challenges not be “prohibitively expensive”, and both the European [...]
The god of free trade: why Austria cannot stop big lorries from using its motorways
Posted in Case comments, Environment, European, In the news, Margin of Appreciation on January 21, 2012 |
C-28/09, European Commission v. Austria, 21 December 2011 - read judgment Many countries in the EU are struggling to comply with its laws about air pollution. The UK is in continuing breach of its nitrogen dioxide emission limit: see my post just before Christmas. But one way a country can try to comply with these laws is [...]
Small solar systems on tenterhooks: Court of Appeal deliberates
Posted in Case comments, Environment, In the news, Technology on January 17, 2012 |
R (on the application of (1) Homesun Holdings (2) Solar Century Holdings (3) Friends of the Earth) v Secretary of State for Energy and Climate Change , Mitting J, 21 December 2011, hearing in the CA 13 & 16 January 2012 Avid readers of this blog (posted unpromisingly between Christmas and New Year) may recall this successful challenge to [...]
Smells and mosquitoes but no extra damages under the Human Rights Act
Posted in Art. 8 | Right to Privacy/Family, Article 13 | Effective remedy, Damages, Environment, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on January 2, 2012 | 1 Comment »
Dobson and others v Thames Water Utilities Ltd [2011] EWHC 3253 – read judgment David Hart QC acted for the defendants in this case. He has played no part in the writing of this post. An operator carrying out activities authorised by legislation is immune from common law nuisance liability unless the claimant can prove [...]
EU Court upholds greenhouse gas scheme against US airlines challenge
Posted in Case law, Environment, European, In the news, International on January 2, 2012 | 4 Comments »
Case C-366/10 The Air Transport Association of America and Others, judgment of the CJEU, 21 December 2011 Opinion of Advocate-General Kokott, 6 October 2011 On 1 January 2012, the EU Emissions Trading Scheme started applying to airlines for real. So it was perhaps no coincidence that just before Christmas, and rather more speedily than usual, the EU Court [...]
The solar power subsidies case : when can you judicially review a proposal?
Posted in Case comments, Environment, In the news, Technology on December 29, 2011 | 4 Comments »
R (on the application of (1) Homesun Holdings (2) Solar Century Holdings (3) Friends of the Earth) v Secretary of State for Energy and Climate Change Admin. Ct, Mitting J, 21 December 2011, extempore judgment, so no transcript available This successful challenge to a proposal to modify subsidies for solar power arose out of the decision [...]
UK’s EU failure on air pollution: who enforces?
Posted in Case comments, Case law, Environment, European, In the news on December 22, 2011 |
R (CLIENTEARTH) v SECRETARY OF STATE FOR ENVIRONMENT FOOD & RURAL AFFAIRS (2011), QBD (Admin) Mitting J, 13 December 2011, extempore so transcript not available. For some time now, the United Kingdom has known that it is in trouble under EU legislation, Directive 2008/50, limiting the amount of nitrogen dioxide in the air we breathe. The date for [...]
Uninterrupted Morris Dancing rights beaten by an A1P1 claim?
Posted in Case comments, Case law, Environment, Protocol 1 Art. 1 | Peaceful enjoyment of property on December 7, 2011 | 3 Comments »
Leeds Group v. Leeds City Council et al [2011] EWCA Civ 1447 Retrospective legislation often gives rise to claims under Article 1 Protocol 1 of the Convention – you may have some legal advantage (whether it be property or a legal claim) which you then find yourselves losing as a result of the change of law. [...]
Climate change: No right to know effect of new EU rules
Posted in Art. 10 | Freedom of Expression, Case summaries, Environment, European, Freedom of Information, Politics / Public Order on November 16, 2011 |
Sinclair v Information Commissioner and Department of Energy and Climate Change EA/2011/0052 (08 November 2011) – Read ruling The Environmental Information Regulations 2004 (“EIR”) did not require the Department of Energy and Climate Change (“DECC”) to disclose information concerning the government’s analysis of the potential cost to the UK of strengthened climate change commitments by [...]
The law should not become “over precious” about human rights, says the Divisional Court
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Art. 8 | Right to Privacy/Family, Case comments, Environment, Police on November 8, 2011 | 6 Comments »
David Thomas Howarth v Commissioner of Police of Police of the Metropolis [2011] EWHC 2818 (QB) – read judgment Protestors have to put up with “sensible and good natured” controls by the authorities as a limitation on their rights to free expression and assembly, the Divisional Court has ruled. A claim for judicial review brought by [...]
Prince Charles, oysters and environmental information
Posted in Case comments, Environment, European, Freedom of Information, In the news, Public/Private on November 6, 2011 | 1 Comment »
Bruton v IC and The Duchy of Cornwall & The Attorney General to HRH the Prince of Wales (EA/2010/0182) 3 November 2011. This significant decision of the First Tier Tribunal (FTT) is well described on 11 KBW’s Panopticon blog. So just a few thoughts on a case which has the hallmarks of going to appeal. The underlying [...]
Aarhus shows its teeth to Belgium
Posted in Case comments, Case law, Environment, European on October 31, 2011 |
C-128/09 Boxus, CJEU, 18 October 2011 Belgium and its airports seem to have been skirmishing with the European Union Courts for some time now. First, in 2008, the ECJ in Abraham decided that a major and well-established expansion of Liege-Bierset airport required Environmental Impact Assessment (EIA), contrary to the contentions of the airport and its operators. Our case, Boxus, concerns [...]
Air quality and legitimate expectation: the full judgment in the Cornwall Waste Forum case
Posted in Case comments, Case law, Environment, European, In the news on October 28, 2011 |
R (o.t.a Cornwall Waste Forum, St Dennis Branch) v Secretary of State for Communities and Local Government [2011] EWHC 2761 (Admin) Collins J, 13 October 2011 I did a recent post on this case based upon a very short report; the full transcript of the judgment is now available. The case concerns who is to decide issues of air quality [...]
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Recommended- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
- Supreme Court judgment: Assange v Swedish Judicial Authority - Carl Gardner May 30, 2012
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- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
- Case law
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
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UKHRB on Twitter
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Adam Wagner on Twitter
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- My friend and brilliant musician @GideonConn has a brand new video: youtube.com/watch?v=tX-ZrZ… 1 hour ago
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- Free Speech at Work: A 1COR Seminar and Mock Trial – Wed 27th June May 29, 2012 1 Crown Office Row
- Time and time again: Article 6 to the rescue May 27, 2012 David Hart QC
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- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
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Small solar: Court of Appeal confirms that changes were unlawful
Posted in Case comments, Environment, In the news, Technology on January 25, 2012 | 1 Comment »
Secretary of State for Energy and Climate Change v. Friends of the Earth and others, CA, 25 January 2012, read judgment So, after an anxious wait for the affected businesses, the Court of Appeal has confirmed today that the Minister was too hasty in the way he went about modifying the scheme for subsidising small solar power [...]
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