Victory for residents against Thames Water
Residents successful in
‘David & Goliath’ battle
08 I 12 I 11
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After a long and arduous fight,
1,350 residents living near Mogden Sewage Treatment Works in
Isleworth, Middlesex have won their mammoth battle against Thames
Water Utilities Limited in relation to odour nuisance. The
residents live in an area which comprises Hounslow, Whitton,
Twickenham and St Margarets as well as Isleworth.
At the High Court today (8
December), Judge Mr Justice Ramsay handed down the judgment which
holds Thames Water liable for breach of duty in relation to
nuisance caused by odour from the Mogden plant. In relation
to allegations of negligence surrounding their management and
operation at the Works, Mr Justice Ramsey significantly found that
Thames Water had, since 1990, failed to have a long term odour
management and investment strategy to deal with odour from the
site.
Mr Steve Taylor, one of the lead
claimants, says: “I hope this case shows that David can take on
Goliath in our legal system and win. The case was never about
money; it was about holding Thames Water to account for the
problems that it has caused us over the last 10 years. The
huge impact on ordinary people's lives and on the environment
cannot be underestimated. I am extremely grateful to Neil Stockdale
and the Environment team at Hugh James as well as our Counsel,
Stephen Hockman QC and John Bates, for relentlessly pursuing this
case on our behalf. I believe this case is the first of
its kind in the UK and the judgment in our favour will have a major
influence on the way the managers and owners of sewage treatment
works in England and Wales run their businesses"
Although this is a significant
victory for the residents, the stark warning is that happy endings
like this one might not be possible in the future. The
Government plans to change legislation, effectively ending the
current ‘no win no fee’ system, exposing claimants to huge upfront
financial risks rather than being allowed to recover fees at the
end if successful. This will lead to claimants having to take
responsibility for both their own expenses and the other side’s
costs.
Mr Taylor continues: “I’m shocked
and very disappointed about the Government’s plans to change this
legislation. The stature and financial clout of Thames Water
meant we were only able to take this case forward because of the
current ‘no win no fee’ system. Changing this system will
deter others in similar situations to ours from bringing cases
against big companies and will be a real obstacle for ordinary
people to access justice. I would ask the government to think
very carefully about the effect that this might have on people’s
lives.”
Neil Stockdale, the partner at Hugh
James who led the team dealing with the case said, “This result is
a vindication of the residents’ genuine desire to protect their
environment from blight. Unfortunately however, cases like this
will no longer be possible in the future if the Government’s
proposed reforms to the funding of litigation are enacted next
year.
“The Government is proposing that
individuals take cases like this at their own risk; people just
can’t afford to take such risks, particularly when they are up
against the likes of Thames Water. If people don’t stand up now and
oppose the Government's bill they will forever be powerless to take
action to protect their legal rights in all sorts of cases. What
the Government is suggesting is a real scandal and the biggest
threat to access to justice we have ever witnessed in the UK.”
Damages were sought against Thames
Water for nuisance caused by odour and mosquitoes but claimants
also sought for an injunction to prevent continuing nuisance.
Today, the Judge has accepted 18 of the 30 allegations of
negligence that were made in addition to finding that Thames Water
had breached the claimants’ rights under the Human Rights Act,
specifically Article 8 of the convention which protects the
enjoyment of home and family life.
The Judge said that the claimants
had been caused to suffer significant inconvenience and annoyance
from odour over and above that which was inevitable.
In relation to human rights, High
Court Judge Mr Justice Ramsay says of his decision: "Because I have
held that Thames Water failed to carry out the work and conduct the
operation at Mogden Sewage Treatment Works with all reasonable
regard and care for the interests of other persons, including the
claimants, it follows in my view that Thames Water failed properly
to respect the rights of claimants and did not do all they
reasonably could to prevent odour from migrating from the Mogden
Sewage Treatment Works. They did not do what they should have done
as a public authority in relation to the rights of the claimants".
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Read the full Mogden
Sewage Treatment Works Judgement