Registers and investigations

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 can be ordered here.

If readers are aware of interesting developments not already covered here, they are invited to email Stephen or Adam.


Registers and investigations

An article in ENDS Report has yet again highlighted the worrying lack of progress by local authorities in investigating contaminated sites and making relevant information available on public registers: ENDS… Read more »


Liability of parent companies

The Supreme Court in Okpabi v. Royal Dutch Shell Plc [2021] UKSC 3 allowed an appeal against the decision of the Court of Appeal that no arguable case had been… Read more »


Waste sites

For a graphic example of the problems arising from illegal waste sites, see the ENDS Report coverage of the Stoney Castle site in Surrey:  ENDS Report, July 2,  2021.  The… Read more »


Limitation and continuing nuisance

In Jalla v. Shell International Trading and Shipping Co [2021] EWCA Civ 63, the Court of Appeal considered the issue of alleged continuing nuisance in the context of limitation.  There… Read more »


Land Remediation Expenditure Relief

For a case on land remediation expenditure relief, see the decision of the Tax & Chancery Chamber of the Upper Tribunal in Northern Gas Networks Ltd. v. Revenue & Customs… Read more »


Duty of consultants to third parties

The Scottish case of McManus v. Scott Wilson Scotland Limited [2021] CSIH 37 involved a claim by residents of housing built on a former iron and steel works against the… Read more »


Human rights, regulators and the role of the courts

In R (Richards) v Environment Agency [2022] EWCA Civ 26 the Court of Appeal considered the application of Articles 2 and 8 of the European Convention on Human Rights to… Read more »


Old Landfills

At the start of 2021 ENDS Report (15 and 18 January 2021) ran articles on the issue of the presence of old hazardous waste landfills in England and Wales, based… Read more »


Quarrying, contaminated land and bromate pollution: mineral rights

In an interesting sequel to a well-known contaminated land case, or perhaps rather a chapter in an ongoing saga, Hertfordshire County Council has – contrary to the advice of its… Read more »


Legal Advice Privilege

The issue of legal advice privilege can be a highly relevant one in some environmental cases, both in relation to advice sought by a company subject to criminal or enforcement… Read more »


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