Cases

EG & Anor v AP & Ors

Senior Judge Hilder has further refined our understanding of the scope of the Court of Protection’s power to make injunctions.  This issue has been the subject of recent appellate level consideration in Re G (Court of Protection: Injunction) [2022] E... Read more  
 
COP Jurisdiction and powers - Injunctions

Potter Rees Dolan Trust Corporation Ltd v Wl & Anor

Potter Rees Dolan Trust Corporation Ltd v Wl & Anor [2023] EWCOP 19 concerned the management of funds awarded in a damages claim in England to a person now habitually resident in Poland.  The case had a tangled procedural history, caused in large... Read more  
 
Recognition and enforcement

Contaminated Land Expenditure Relief

In Northern Gas Networks Ltd v. Revenue and Customs Commissioners [2022] EWCA Civ 910, the Court of Appeal considered the application of the provisions of Schedule 22 of the Finance Act 2001 to compulsory replacement of iron gas pipes which had corro... Read more  

Excavated soil and end of waste status

In Case C-238/21 Porr Bau GmbH, the CJEU considered the application of the tests of a by-product and end-of-waste under the Waste Framework Directive to uncontaminated excavated soil provided by a construction company to farmers in Austria for soil i... Read more  

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