The Weekly Law Reports
[2022] 1 WLR 2593
Court of Appeal
*Regina (Richards) v Environment Agency
[2022] EWCA Civ 26
2021 Dec 14, 15; 2022 Jan 17
Sir Keith Lindblom SPT, Lewis, Elisabeth Laing LJJ
Human rights— Breach of Convention rights— Remedy— Claimant bringing claim for judicial review against Environment Agency in respect of gas emissions from landfill site— Claimant claiming that agency’s failure to take reasonable steps to address emissions amounting to breach of Convention rights— Judge granting declaration setting out further action required by agency in order to comply with legal obligations— Whether judge exceeding function of court on claim for breach of Convention rights— Whether jurisdiction to grant declaration dependent upon finding of current or proposed future unlawful action— Whether agency acting or proposing to act in breach of Convention rights—
Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, arts 2, 8