Casepak

Hugh James acts for a number of legal owners or tenants who reside in the vicinity of the Casepak recycling site at Sunningdale Road, Leicester.  The site is operated by GAE Smith (Holdings) Ltd.  Residents have, for some years, been affected by flies which are alleged to be coming from the site and which adversely affect the enjoyment of their homes.

The claim is for compensation for the past (and any ongoing) fly nuisance.  Should the nuisance continue, the claim includes a claim for an injunction to ensure the site takes effective steps to bring the fly nuisance to an end.

What is a group action?

The claim is one brought as a group action for residents who are similarly affected.  A group action is, essentially, a means for individual claims to be brought together.  It allows all claims to be managed collectively.  Subject to terms of any court order, lead cases are selected to be tried to resolve the issues which are common to all claimants in the group.  This can result in  the remaining claims being resolved without the need for further trials.

What might compensation cover?

Monetary compensation for the nuisance suffered can be modest.  An annual award is usually calculated by reference to the frequency, severity of the nuisance suffered and the location of the claim property.  We will advise you on the years which we consider may be compensated and of the limitation periods which will apply.

Eligibility and time period

The group consists of legal owner/tenants of properties who, in the last 6 years, have occupied their properties and have suffered significant impact on being able to enjoy their homes due to the fly nuisance.   The claim properties are located within 500 metres of the Casepak site.

Each case will be assessed by our team and those claimants who are eligible will be offered a Conditional Fee Agreement.

Evidence required

It is not essential to a successful claim, but contemporary evidence of the nuisance can be invaluable, such as:

Taking photographs/videos (with dates) of the flies in your home;

Keeping  a log of events adversely affected by the fly nuisance.

The site is regulated by the Environment Agency so if you are suffering from flies you should ensure you report the problems promptly to the EA so they can investigate, as is their duty.   At a later date we can, with your agreement, obtain a copy of your complaints made to the EA.

The process

You will need to provide us with details of your circumstances and impact the flies have had.  Once you have entered into a CFA with us, you will be registered as a formal claimant in the action.   We will keep you regularly informed of all steps in the action and you will be asked to co-operate with us to assist in the preparation of your case.

Why Hugh James?

We are a firm of solicitors based in Cardiff and are one of the UK’s leading specialists in environmental group actions. We help residents fight for the enforcement of their legal rights by seeking court orders to prevent further harm and for compensation for loss of property enjoyment. We have successfully handled these types of claims for many years and have represented 1000s of residents across the UK in relation to various forms of pollution against some of the largest companies in the country.

FAQs

The claim is a group action and involves a number of claimants. Not all claimants will need to attend the trial which may ultimately take place. Nonetheless in confirming your instructions to pursue a claim, please appreciate that you may be called upon to give evidence, and may need to attend trial as a smaller group of lead claimants representative of the wider claimant group. If there is any medical condition or particular reason why you cannot give evidence clearly this can be accommodated with supporting evidence, such as a note from your GP.

Timelines can vary depending on the stage reached in the litigation.   A claim may conclude within 2 years but if it proceeds to trial it could take around 3 years from the date court proceedings are issued

The claim will be conducted under a Conditional Fee Agreement (CFA), commonly known as ‘no win, no fee’. An insurance policy (ATE insurance) will be arranged on your behalf to cover any opponent’s costs if the claim is unsuccessful.

There are no upfront costs. If the claim is successful, our charges and the cost of the insurance policy will be deducted from your compensation award. These deductions are subject to a cap (which will be explained fully), and the exact amount depends on various factors.

The CFA means you will only pay our fees if the claim is successful and compensation is recovered.

If you lived in an affected property and experienced the nuisance within the last 6 years, you may still be eligible. Each case will be assessed on its individual merits.

To be a claimant you must legally own OR legally rent and occupy (or have occupied it) the claim property in the relevant period.

Please contact us as soon as possible to ensure inclusion in the group. Our team will advise if any limitations apply.

Start your claim

Kindly submit your contact details below to receive a brief questionnaire aimed at capturing the specifics of your concerns (a link will be sent to you via email). Completing it should take no more than 10 minutes. Once you’ve filled it out, our team will reach out to you to discuss the next steps regarding your claim.

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