Hugh James Solicitors Environmental Cases
Hugh James solicitors act on all type of environmental nuisance
and group action claims. This page details all our current
environmental nuisance claims and highlights some of our previous
cases.
Please read our environmental cases:
Current environmental cases
Examples of some of our successful cases
Ensus Wheat Biorefinery (Teesside)
The environment group at Hugh James
are investigating the possibility of bringing a group legal action
against the operators of the Ensus site for compensation in
relation to the odour nuisance emanating from the site.
The proposed claim will be for
compensation for loss of enjoyment of your home caused by the odour
which will include issues such as not being able to sit out in the
garden, not being able to open windows and doors in the summer and
so on. We will also seek an injunction to prevent the continuation
of the nuisance in future if there is evidence in support of such a
claim.
If you would like to register a claim please contact the
environment group on 029 2039 1118 or complete our enquiry
form.
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John Knight Animal Rendering Site
Hugh James environmental
solicitors currently act for over 100 families who are pursing
compensation claims for compensation in relation to the odour
nuisance which has been emanating from the John Knight animal
rendering site in east London, close to London City Airport. The
residents will also invite the Court to grant an injunction to stop
the problems from happening in the future. More information and
claim enquiry form is available from our John Knight
rendering site information page.
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Mogden Sewage Treatment Works (Twickenham)
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
The
Mogden Sewage Treatment Works were built between
1931 and 1935 in Isleworth. Since 1989 the works have been run by
Thames Water Utilities Ltd.
Residents
living near the Mogden Works had complained about odours and
nuisance from mosquitoes from the Mogden site for several years but
from 1999 there was a dramatic escalation in the number of
complaints. By July 2001 the situation was so bad that local
residents formed the Mogden Residents Action Group
(‘MRAG’) to put pressure on the Authority to take action over the
problems relating to the Mogden site.
If you would like to register
your interest please complete our online enquiry
form.
Alternatively, for further
information contact Neil Stockdale on 029 2039 1118 or
email him at neil.stockdale@hughjames.com.
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Monckton Coke and Chemical Works
The environment group at Hugh James
are pursuing an action against the operators of the Monckton Coke
and Chemical Works for compensation in relation to the noise, dust
and odour nuisance emanating from the site.
The proposed claim will be for
compensation for loss of enjoyment of your home caused by the
noise, dust and odour which will include issues such as not being
able to sit out in the garden, not being able to open windows and
doors in the summer and so on. We will also seek an injunction to
prevent the continuation of the nuisance in future if there is
evidence in support of such a claim.
If you would like to register a
claim please contact Hugh James on 029 2039 1118 or complete the
Monckton registration form.
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Norton Aluminium Group Litigation
Hugh James solicitors has
been appointed the lead solicitors in the Norton Aluminium Group
Litigation.
The firm has been
instructed by over 130 local households to pursue claims for
compensation in relation to the odour, dust and noise nuisance
which emanates from the Norton Aluminium foundry in Norton Canes,
near Cannock. The residents will also invite the Court to grant an
injunction to stop the problems from happening in the future.
The trial is expected to resume in
May 2012 following the preparation of further witness statements
and experts’ reports in relation to the extent of the nuisance.
For more information visit our
Norton
Aluminium Group Action page or contact our
environment solicitors on 029 2039 1118 or email environmentgroup@hughjames.com.
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Tunnel Tech North Site (Doncaster)
Environmental law solicitors at Hugh James have been
instructed by local residents to pursue a group legal action
against the operators of the Tunnel Tech North Site in Newington,
Doncaster. The environmental odour nuisance group action will be
for compensation in relation to the odour nuisance emanating from
the site.
If you would like to register a
claim please contact the environment group on 029 2039 1118 or
visit our dedicated Tunnel Tech information page.
Westmill landfill site (Ware)
The Environment Team
at Hugh James currently represents nearly 160 residents who live on
the Old Vicarage Estate and other areas that surround the Westmill
Landfill Site, Ware, Hertfordshire. The case relates to odour
nuisance which is alleged to have emanated from the site, which is
operated by Biffa Waste Services Ltd.
The area known as
Westmill 2 began operation in July 2004 and accepts up to 250,000
tonnes a year of non-hazardous waste. The site currently comprises
10 cells of approximately 200 square metres each. The site
currently has approval to continue to accept waste until 2012.
By the middle of July
2004, residents in the areas surrounding the site were expressing
grave concerns about the way in which the landfill site was being
run and were experiencing unpleasant odours, dust, noise, a fly
infestation, litter, birds and other vermin.
Residents say that they
have had to keep their windows and doors closed to prevent the
odour from entering their homes. This has been particularly
unpleasant during the summer months. They also claim they are
unable to enjoy their homes and gardens as a result of the
problems.
Hugh James are currently
pursing a group action against Biffa for compensation as
recognition of the problems residents have endured and an order
restraining the defendant from causing a nuisance in the
future.
The High Court in London
granted a Group Litigation Order, appointing Hugh James to act as
the lead solicitors in the Westmill Landfill Group Litigation. Hugh
James are representing residents under the terms of a “no win, no
fee” agreement where appropriate.
Following a five week
trial in November and December 2010, Mr Justice Coulson found
against the claimants in his judgment, which was handed down in
April 2011.
An Appeal hearing took place during January
and the Claimants are waiting for the judgement.
For more information
about the case, please contact the Environment Group on 02920
391118.
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Wildriggs Rendering Site (Penrith) - Deadline for claims
closed on 30th September
The Environment Group at Hugh James
have been appointed as lead solicitors in the Wildriggs Rendering
Site Group Litigation. The group action claim is against the
operators of the Alba Proteins factory for compensation in relation
to the odour nuisance emanating from the site. The claim is for
compensation for loss of enjoyment of your home caused by the odour
which will include issues such as not being able to sit out in the
garden, not being able to open windows and doors in the summer and
so on. We will also seek an injunction to prevent the continuation
of the nuisance in future if there is evidence in support of such a
claim.
The High Court ordered that all
claims should be registered by 4pm on 30th September 2011, and as
such the deadline to join the group action has now passed. The
Court has ordered that any applications to join the group post-30th
September 2011 must show wholly exceptional circumstances as to why
the applicant did not join the group before the cut-off date
passed.
Hugh James act on behalf of around
90 families who allege that the odour nuisance from the site causes
an unreasonable interference with the use and enjoyment of their
properties. Now the claimant group has closed, the case will return
shortly return to Court for further directions.
For more information please see the
Wildriggs Rendering Site
Group Action Q&A or call 029 2039 1118.
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Examples of some of our successful cases:
Aberfan Flood (Merthyr Tydfil)
In the aftermath of the Disaster at
Aberfan in 1966, the National Coal Board and the local Council were
put under severe pressure to remove all coal tips from the vicinity
of the village. This included two tips near the River Taff, close
to some playing fields.
These tips were removed and spread
over the fields in the early 1970’s raising the height of the
fields by up to 20 feet. Prior to this work the fields were
frequently flooded when the Taff burst its banks. After the
removal of the tips, any water escaping the Taff was forced around
the fields and through an adjacent housing estate. These
houses had not been prone to flooding until the tips were spread on
the fields.
Particularly severe flooding
occurred in 1979 and again in 1998, when substantial damage was
caused to the houses and the residents were lucky to escape
injury. The total damage caused exceeded £1 million.
Local residents approached Hugh
James to take action against the Coal Authority and the local
council, to claim damages and seek assurances the flooding would
not be repeated.
Leading and nationally recognised
experts were involved proceedings were issued against both
defendants. The claim was funded in part by Public Funding
(formerly Legal Aid) and in part by twelve different insurers who
insured local residents.
The case ultimately proceeded to
the Court of Appeal and is now the leading authority in this area
of the law.
Arscott and Others v (1) The
Coal Authority (2) Merthyr Tydfil County Borough Council [2004]
EWCA Civ 892
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Brynlliw Burning Coal Tip (Swansea)
In October 1998 residents living in
the village of Grovesend near Swansea contacted Hugh James for
help. They lived near an old coal spoil tip that had caught fire in
1996 causing choking sulphurous fumes that made their lives a
misery and caused some residents to seek medical advice. The fire
burnt for over 3 years and smoke caused the nearby M4 motorway to
be closed on 9 occasions.
The tip was left over from the old
Brynlliw Colliery, which closed in 1982 and had not been
operational since 1972. In 1987, the National Coal Board undertook
a remediation scheme at the colliery, re-shaping and partially
landscaping the tip. In 1995 it was sold to a group of West
Glamorgan Commoners for £1.
The Coal Authority became
responsible for former coal industry property under the Coal
Industry Act 1994 but denied liability for the fire.
The Chairman of the residents
committee had however put together a dossier of information on the
tip including evidence from former British Coal employees that the
tip had a history of self-heatings leading to spontaneous
combustion. Hugh James advised the residents to pursue a case
against the Coal Authority on the basis that it was responsible for
the creation of a foreseeable risk of nuisance.
The fire was eventually put out and
made safe by Swansea City Council with the benefit of a grant of
£1.2 million following which the residents offered to settle their
claims out of court. The offer was rejected and proceedings were
issued. The case was bitterly contested by the Coal Authority who
refused to entertain any suggestion of an out of Court
settlement.
The Coal Authority argued that the
fires were caused by the acts of third parties who it could not
take responsibility for. They also argued that it was not
foreseeable that the tip would ignite as a result of spontaneous
combustion.
Following a 2-week trial at the
High Court in Swansea the Honourable Mr Justice Pitchford held The
Coal Authority liable. The Judge accepted the evidence of the
former British Coal employees who said that the tip was liable to
self-heating. The Judge found that on all the evidence the tip fire
started as a result of spontaneous combustion and that this was a
foreseeable risk that British Coal failed to take sufficient steps
to prevent. The Judge awarded each household £3,500 plus interest
and subsequently awarded penalty interest and costs against the
Coal Authority as they had failed to accept a settlement offer put
forward by the Claimants.
Argument at trial focused on
whether the tip presented a foreseeable risk of spontaneous
combustion with both sides calling extensive expert evidence. One
of the key issues for the experts was that fact that the
tip-contained a mixture of dry steam and anthracite coal, which are
both coals of low volatile rank. Both sets of experts agreed that
theoretically the coals in this tip were unlikely to spontaneously
combust. The Judge, however, accepted that there was enough
evidence to displace the theory and found that, in the absence of
evidence of third parties lighting fires; the most likely cause was
spontaneous combustion. The Judge relied primarily on the evidence
of Dr Richards, Associate Principal Mining Engineer with Steffen
Robertson Kirsten UK Ltd of Cardiff. Dr Richards based his views on
causation on the evidence of heatings at the tip, and self-heatings
in coal stocks at Brynlliw. He also considered evidence of
spontaneous combustion underground at Brynlliw as well as incidents
of other tip fires at nearby collieries mining the same seams as
Brnylliw.
South Wales is littered with more
than 300 disused coal tips left over from the Coal Industry and the
Judgement has wide ranging implications.
The tip in this case was largely
constructed before the Aberfan disaster of 1966. New rules
regarding tip construction were introduced as a result of this
disaster. However the witnesses called to give evidence for the
Authority argued that the new guidelines were not applied
retrospectively to old tips.
The case discredits the Coal
Authority’s belief that coal tips in South Wales generally don’t
catch fire spontaneously and proved that the Coal Authority didn’t
do enough to prevent a foreseeable risk.
The Judge found that the Coal
Authority’s use of land was unreasonable exposing nearby residents
to the risk of spontaneous combustion. This combination of
circumstances meant that the Coal Authority remained liable even
though they no longer owned the tip.
The Coal Authority sought
permission to appeal but the Court of Appeal Judges refused
this.
The case was funded under a
Conditional Fee Agreement ('no win no fee').
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Nantygwyddon Landfill site (Rhondda)
The Nantygwyddon Landfill Site was
opened in 1988 situated on the Gelli Mountain in the Rhondda Valley
in South Wales.
By 1996 residents living in the
communities surrounding the site were expressing grave concerns
about the way in which the landfill site was being run complaining
of unpleasant odours, noise, litter and fly infestation. Residents
were also worried that toxic fumes from the site were affecting
their health.
The landfill site caused a
persistent nuisance to people living in the vicinity. This lead to
fears about the public health consequences of the foul odours from
the landfill gas know to have a high hydrogen sulphide content and
other trace elements known to be toxic. An apparent cluster
of congenital abnormalities, respiratory problems and skin
conditions exacerbated fears.
Hugh James became involved in 1997
and helped the residents launch a group action against the
operators of the landfill site, seeking compensation and an
injunction to close the site.
Proceedings were issued and a Group
Litigation Order was granted to help co-ordinate over 200
individual claims. We assembled a specialist team of lawyers,
scientists and environmental health experts to help fight the
case.
Hugh James was successful in
securing support funding from the Legal Services Commission
(formerly the Legal Aid Board) and also handled cases on a ‘no win
no fee basis’.
The litigation ran alongside a
formal investigation by the National Assembly for Wales. Hugh James
helped put forward the residents' arguments and attend public
hearings. The investigation resulted in the closure of the site and
the implementation of a landfill gas management system, strategic
monitoring and a specific study into health issues. Following the
investigation the group action case was successfully settled as a
result of an out of court mediation in October 2003.
Hugh James continues to fight for
many communities around the country who are blighted by landfill
sites.
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Newton Longville Landfill site (Milton Keynes / Bletchley)
The Newton Longville landfill site is situated near Bletchley in
Buckinghamshire and has been in operation since 1967.
During the period between August
1999 and September 2001 a large number of complaints were received
by the Local Authority regarding odours from individuals living in
the surrounding communities. Many residents reported symptoms of
ill health including nausea upset stomachs, vomiting, sore eyes
throat and headaches all associated with odour emissions. In some
cases claimants and their families also reported more serious
symptoms such as asthma.
In May 2002 Hugh James were invited
by members of the local action group PALS (‘People Against Landfill
Sites’) to act for residents in a legal action against the
operators of the site Shanks Waste Solutions Limited. PALS wanted
to ensure that there was never a repeat of the problems they had
experienced and wanted the company to pay compensation for the
suffering of residents.
Our team investigated the claim and
obtained disclosure of key documents from the regulatory
Authorities. We also consulted with Environmental and Toxicological
experts and brought in a specialist barrister.
Investigations found that many of
the complaints were associated with emission of hydrogen sulphide
fumes from the site caused by the tipping and subsequent
bio-degradation of waste containing calcium sulphate
Evidence was obtained from an
Environmental consultant, which included modelling of the overall
odour impact from the site combining separate contours relating to
severity, frequency and duration of nuisance taking into account
site monitoring data topography and meteorological data. Hugh James
also instructed a surveyor to provide evidence on the impact on
property and rental values.
Proceedings were issued in the High
Court’s Technology Construction Court List due to the complex
nature of the case. We were appointed by the High Court to act as
lead Solicitors and Mr Justice Mrs Forbes ordered that all claims
should be registered with Hugh James by the 30th
of September 2003.
A total of over 420 households
brought claims within the group litigation which have now been
concluded.
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Parkwood Landfill site (Sheffield)
The Parkwood Landfill site is situated in Shirecliffe,
Sheffield. Whilst the landfill site has been there since the 1920’s
over the past few years the landfill site has become a nuisance to
local residents.
During the autumn of 2004 Hugh
James were approached by the Parkwood Action Group to investigate
the possibility of bringing a group civil claim against the
operators of the Landfill site – Viridor Waste Management Ltd.
Residents alleged a nuisance from
odour, dust, litter, noise and rats and other pests from the
Landfill Site.
Residents stated that they could
not sit out in their garden and were forced to keep windows and
doors closed because of the problems coming from the landfill
site.
Proceedings were issued in the High
Court’s Technology Construction Court List due to the complex
nature of the case. We were appointed by the High Court to act as
lead Solicitors and in August 2006 His Honour Judge John Bullimore
granted a Group Litigation Order to co-ordinate the case.
A total of 156 households brought
claims within the group litigation which have now been
concluded.
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Neil
Stockdale
Partner, Head of Environment and Group Actions
E neil.stockdale@hughjames.com
T 029 2022 4871
Gwen
Evans
Partner
E gwen.evans@hughjames.com
T 029 2039 1118