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.
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