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Contaminated Land Cases and Developments
In conjunction with the publication of the Third Edition of Contaminated Land by Stephen Tromans QC, Stephen has set up this online updating facility to keep readers abreast of developments in the field of contaminated land. Entries are referenced to relevant paragraphs in the text for convenience. In this Stephen is assisted by Adam Boukraa, Barrister at 39 Essex Chambers.
Contaminated Land is published by Sweet & Maxwell and may be ordered at https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=30829640&recordid=9592
If readers are aware of interesting developments not already covered here, they are invited to e-mail Stephen or Adam at stephen.tromans@39essex.com or adam.boukraa@39essex.com
Homes (Fitness for Human Habitation) Act 2018
With thanks to a student reader of the text for bringing it to our attention, this update concerns the Homes (Fitness for Human Habitation) Act 2018. The Act came into… Read more »
Civil Liability and Statutory Causes of Action
An interesting example of a recent civil claim for contaminated land is provided by the decisions of the Outer and Inner House of the Court of Session in McManus v…. Read more »
Contaminated Silt and Marine Licensing
As noted in the text, the deposit or disturbance of contaminated silt can present serious environmental problems. This was recognised by the Court of Appeal in R v. Frampton [2012]… Read more »
Dewan v Fife Council [2019] CSOH 5
In Dewan v Fife Council [2019] CSOH 5, the Outer House considered a claim against Fife Council under s.33(1)(a) of the 1990 Act. The case is of particular interest for… Read more »
Remediation Of Chromate Works
An interesting example of remediation is the Shawfield site, Rutherglen near Glasgow, which was at one time the largest dichromate works in the UK. It was operated by J&J White… Read more »
Coastal Landfill Sites
Problems with former landfill sites in coastal locations continue to be evident. It has been reported that Northumberland County Council lacks funds to address the historic site at Lynemouth, which… Read more »
Willenhall Gas Works – Revocation Of Determination
The appeal into the remediation notice served in respect of properties at the Stonegate Housing Estate, the site of the former Willenhall Gas Works, is the most extensive consideration so… Read more »
Clean Up Of Mines
It was announced in November 2018 that a new contract had been awarded by Natural Resources Wales under which the Coal Authority would carry out four feasibility studies on some… Read more »
St Leonard’s Court
The intractable nature of groundwater pollution and the sometimes extreme difficulties in achieving remediation is illustrated by the fact that the groundwater pollution caused by the St Leonard’s Court site… Read more »
Use Of Enforcement Powers
Two recent Welsh cases, whilst contrasting in scale, emphasise the importance of regulatory enforcement powers under the Environmental Permitting regime to deal with contamination problems. In one case Natural Resources… Read more »
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