0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Barr v Biffa – odour nuisance decision reversed in the Court of Appeal

20 March 2012

The Court of Appeal held that it is not a defence to a claim for nuisance to show that waste disposal activities giving rise to a nuisance were carried out in accordance with a landfill permit and without negligence. Carnwath LJ concluded, in the judgment handed down yesterday, that the common law of nuisance remains unaffected by the enactment of parallel systems governing waste disposal and the question of whether the use of a waste disposal site gives rise to a nuisance is governed by conventional principles of nuisance.

In the first instance, Coulson J dismissed the group claims in nuisance – Carnwath has now reversed this decision in rejecting any reinvention of old, robust common law principles.

A good day for the residence surrounding the landfill who will now have their individual claims assessed. A bad day for the waste industry who, briefly, thought they may have won this smelly battle.

Related opinions

Meat-free expenses claims

Some schools have hit the headlines this week for their decisions to offer only vegetarian meals. But would a similar approach extend to the workplace?

View blog

Mergers of NDPBs - an environmental context

As more Non-Departmental Public Bodies (NDPBs) are merged (or demerged) to boost efficiency and accountability, how does that process impact on the employees?

View blog

FCA response on regulatory barriers to innovation

The Financial Conduct Authority has published a feedback statement: the latest effort in its ongoing push to foster competition through innovation.

View blog

Can the courts order governments to cut carbon emissions?

According to a landmark ruling issued on 24 June 2015 in the Netherlands, the Dutch Government is failing to protect its citizens from hazardous climate change and has been ordered to reduce CO2 emissions by 25% by 2020

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up