The WLR Daily case summaries
[2022] WLR(D) 30
Court of Appeal
Regina (Richards) v Environment Agency
[2022] EWCA Civ 26
2021 Dec 4, 5;
2022 Jan 17
2022 Jan 17
Sir Keith Lindblom SPT, Lewis, Elisabeth Laing LJJ
Environment— Pollution— Air quality— Landfill site operated under permit issued by regulatory agency— Claimant vulnerable child’s health adversely affected by emissions from landfill site— Resulting risk of respiratory condition shortening life expectancy— Claimant bringing judicial review proceedings alleging breach of Convention right to life and/or right to respect for private and family life— Judge granting declaration setting out further action required by defendant in order to comply with legal obligations— Whether judge exceeding court’s jurisdiction— Whether judge finding past or current breach of Convention rights— Whether if not so finding, judge erring in granting declaration—
Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, arts 2, 8