Cases

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) [20... Read more  

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 ... Read more  

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  

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  

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 o... Read more  

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 i... Read more  

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  

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  

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  

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 au... Read more  

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 al... Read more  

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... Read more