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 demonstrated that a parent company had controlled the operations of its overseas subsidiar... 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 site has been active as an illegal waste site for over 30 years, with unlawful... 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 had been a spill of oil from a pipeline lasting a few hours. The ... 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 Commissioners [2021] UKUT 157 (TCC). Relief had been refused to a compa... 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 consultants who had advised in connection with the development of the site, and i... 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 environmental regulation in the context of action to address risks to health from... Read more  

Official Judicial Visits to P (Guidance)

Following the case of AH, in which the Court of Appeal expressed the "pressing need" for guidance in relation to judicial visits, the Vice-President of the Court of Protection has issued guidance on 10 February about such visits. In it, he sets out p... Read more  

Manchester University NHS Foundation Trust v Verden and McClennan

SummaryThis was the ex tempore judgement arising from an application made by Ms McLennan to vary the Reporting Restriction Order made in this case not to name the subject matter of the proceedings (P), her son, William Verden.William is a 17 year old... Read more  
Media - Anonymity , Media

Jivan v Romania (application no. 62250/19)

Summary The European Court of Human Rights ("ECtHR") considered an alleged violation of (inter alia) Article 8 in the context of an elderly, disabled man who had become bedridden. The complaint arose from the domestic authorities' classification of... Read more  
Article 8 ECHR

Kent County Council v P & NHS Kent & Medway Commissioning Group

SummaryThe issue for determination by the Court was whether the Court of Protection proceedings which had since they first come before the Court been heard in private, should now be heard in public, and whether a judgement should be published. The ca... Read more  
Media - Private hearings , Media

A CCG v DC, MC and AC

SummaryThis case concerned a 20-year-old man in residential care who lacked capacity to decide whether to have the Covid-19 vaccinations and boosters. He was at high risk of serious consequences because of his respiratory condition and profound learn... Read more  
Best interests - Medical treatment , Best interests

S (Vulnerable Party: Fairness of Proceedings)

SummaryThe Court of Appeal considered how to handle vulnerable witnesses in the Family Courts and the need to proactively identify vulnerable witnesses.The case concerned care proceedings relating to a child, S. The main issue in proceedings related ... Read more  
Practice and procedure - Other , Practice and procedure