Cases
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...
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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...
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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 ...
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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...
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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...
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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...
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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...
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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...
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Media - Anonymity
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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...
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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...
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Media - Private hearings
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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...
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Best interests - Medical treatment
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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 ...
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Practice and procedure - Other
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Practice and procedure