R (Richards) v Environment Agency

Subject Matter

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

[2021] EWHC 2501 (Admin); [2021] WLR(D) 487, QBD

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

[2022] EWCA Civ 26; [2022] 1 WLR 2593; [2022] 3 All ER 571; [2022] WLR(D) 30, CA

Appellate History