Cases

Plan policies on contamination

For a case considering the interpretation of a local plan policy on reuse of previously developed land and contamination, see R (Tesco Stores Limited) v. Allerdale Borough Council [2022] EWHC 2827.  It was held that the policy applied to reuse of pre... Read more  

Insurance

In Brian Leighton (Garages) Limited v. Allianz Insurance plc [2023] EWCA Civ 8, the Court of Appeal considered policy wording in relation to contamination of a garage forecourt area caused by the puncturing  of a pipeline.  The judgements include det... Read more  

Environmental warranties

For a case concerning assessment of damages for breach of environmental warranties, see MDW Holdings Ltd v. Norvill [2022] EWCA Civ 883, considering the effect of a loss of goodwill value in a case where it was found that the company had not been com... Read more  

Nuisance: Defence of Statutory Scheme

The principle in Marcic v. Thames Water Utilities Limited [2003] UKHL 66 has been held to apply also to cases where sewage is discharged into a watercourse as well as onto land: see Manchester Ship Canal Co Ltd v United Utilities Water Ltd [2022] EWC... Read more  

Contamination and “forever chemicals”

A future concern is likely to be PFAS, short for per- and polyfluoroalkyl substances, which are group of around 10,000 chemicals used in a very wide range of consumer products for decades. The chemicals are persistent in the environment, leading to t... Read more  

A Local Authority v PG & Ors

Summary  This decision provides a very clear and helpful route map through the complexities of fluctuating capacity.  The case concerned a 34 year old woman, PG, who had diagnoses of an intellectual disability in the moderate range, and autism spect... Read more  
 
Care , Mental capacity - Assessing capacity

A Local Authority v PG & Ors (Headnoted version)

Mental capacity – assessing capacity – whether to take contingent or anticipatory approach to fluctuating capacity   A 34 year old woman had diagnoses of an intellectual disability in the moderate range, and autism spectrum disorder. She had also re... Read more  
 
Mental capacity , Care , Mental capacity - Assessing capacity

HH v Hywel DDa University Health Board & Ors

Summary  How should the Court of Protection should proceed in a ‘two P’ situation: i.e a situation where two individuals both appear to lack the capacity to make the relevant decisions, and where those decisions are interconnected? In HH’s case, the... Read more  
 
Practice and procedure - Other

Nottingham University Hospitals NHS Trust & Anor v RL & Ors

Summary In a decision handed down in February 2023, but only published in June 2023, Sir Jonathan Cohen grappled with a dilemma that occurs relatively often in practice, but has been curiously under-considered by the courts: namely what ‘communicati... Read more  
 
Mental capacity - Assessing capacity

A Local Authority v H

The case of A Local Authority v H [2023] EWCOP 4 concerned a young adult, H, described by Hayden J as a “natal male who now identifies as female” (and hence female pronouns are used here).   H had experienced profound trauma and abuse in childhood an... Read more  
 
Mental capacity - Assessing capacity

North Bristol NHS Trust v R

Summary  In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the then-authoritative summary of the principles to apply in assessing capacity, and a masterclass in the application of those prin... Read more  
 
Mental capacity - Medical treatment , Mental Health Act 1983 - Interface with MCA

North Bristol NHS Trust v R (Headnoted version)

Mental capacity – assessing capacity – whether woman had capacity to make a decision to undergo a clinically indicated procedure  A woman was a serving prisoner, a failed asylum contact, and wished no contact with her mother who was understood to be... Read more  
 
Mental capacity , Mental capacity - Assessing capacity , Mental capacity - Medical treatment