Environmental Case Experience

 

Neil Stockdale has been involved in a number of high profile group actions and environmental claims including:

 

Thomas & Others –v- Bridgend County Borough Council [2011] EWCA Civ862

Interpretation of section 19(3) of the Land Compensation Act 1973

Judgment for the claimants declaring that the three year proviso under section 19(3) of the Land Compensation Act 1973 was incompatible with the claimants convention rights under Article 1 of Protocol 1. Ruling that the subsection should be interpreted under section 3 of the Human Rights Act 1998 so as to be compatible with the claimants convention rights so that the claims for compensation could proceed. 

 

Hobart & Others -v- Manchester Airport

Acted on behalf of 325 Claimants in successful claims for property depreciation arising out of the coming into use of the second runway at Manchester Airport.  Claims settled for £4,950,000 in August 2010. 
 

Nantygwyddon Group Litigation

(June Bacon & others v 3C Waste) - Group Litigation Order No.13 [2001]

Lead solicitor in action against Waste Management Company for nuisance and personal injury caused by hydrogen sulphide emissions from landfill site involving 211 claims.

Issue - whether the management by the Defendant of the Nant-Y-Gwyddon landfill site since March 1995 constituted a nuisance to the Claimants and/or negligence on behalf of the Defendant.

 

Newton Longville Group Litigation

(Adams & others v Shanks Waste) - Group Litigation Order No.39 [2001]

Lead solicitor in action involving 419 claims against Shanks Waste.

Issue - whether the management by the Defendant of the Newton Longville landfill site has constituted a nuisance to the Claimants.

 

Mr& Mrs D R Price & others v Caerphilly County Borough Council

[2004] LCA43-53

Relevant date for purposes of claims under Part I of the Land Compensation Act 1973 in a phased road scheme development.

 

Eileen Anthony & others v The Coal Authority [2005] EWHC 1654 (QB).

Acted for successful claimants in an action for nuisance caused by a fire in a remediated coal spoil tip formally owned by the defendant

 

O'Connor v Wiltshire County Council [2007] EWCA Civ 426

Interpretation of s.36(2) of the Highways Act 1980 and s.19(3) of the Land Compensation Act 1973.

Dobson & others v Thames Water Utilities Limited - Group Litigation Order No.52 [2005] – Mogden Group Litigation - 1335 claimants.

 

Judgements in the Mogden Group Litigation to date include:

Following a seven year legal battle against Thames Water, with the help of Hugh James, residents have been awarded damages in relation to the odour nuisance they suffered from Mogden Sewage Treatment Works. Hugh James have acted on behalf of over 1300 individual residents pursuing claims.

Read more: Victory for residents against Thames Water

 

Dobson v Thames Water Utilities Ltd [2007] EWHC 2021

Judgment on preliminary issues including whether the 'Marcic' defence applied to claims in negligence relating to the operation of the Mogden sewage treatment works.

 

Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28

Claimants seeking damages for loss of amenity for nuisance caused by defendant's alleged negligence — Principles for considering award of damages to occupiers and to other residents of same household — Human Rights Act 1998, s 8, Sch 1, Pt I, art 8.

 

Back to Neil Stockdale profile page.

Neil Stockdale colourNeil Stockdale

Partner, Head of Environment Team

neil.stockdale@hughjames.com

029 2022 4871

Design by Brand 68 Development by Fusionworkshop