The WLR Daily case summaries
[2021] WLR(D) 487
Queen’s Bench Division
Regina (Richards) v Environment Agency
[2021] EWHC 2501 (Admin)
2021 Aug 18, 19, 20; Sept 16
Fordham J
Environment— Pollution— Air quality— Landfill site operated under permit issued by defendant— Vulnerable child’s health adversely affected by emissions from landfill site — Resulting risk of respiratory condition shortening life expectancy— Whether breach of child’s Convention right to life and/or right to respect for private and family life— Whether defendant under positive operational duty to take reasonable steps to protect claimant’s rights— Where duty arising where danger emanating from privately operated industrial activity— Whether duty discharged—
Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, arts 2, 8