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In our March 2019 podcast, Chris Badger and Mark Davies of 6 Pump Court take us through:
- Continued scrutiny of the Environmental (Principles and Governance) Bill;
- Court of Appeal cases on abuse of process; and
- Whether invasion of privacy can be an actionable nuisance
To listen to the podcast, click here.
Continued scrutiny of the Environmental (Principles and Governance) Bill – listen from 0.40mins
Chris and Mark cover the pre-legislative scrutiny of the Environmental (Principles and Governance) Bill by the Environment, Food and Rural Affairs Committee, discussing evidence given by Michael Gove, Thérèse Coffey and Davide Minotti on March 6, 2019.
A key theme around this discussion centres on the independence on the proposed Office for Environmental Protection, given its proposed funding.
Court of Appeal cases on abuse of process – 6.54 mins
Second, Chris and Mark take a look at some cases which look at a possible revival of the abuse of process, concerning planning cases considered by the Court of Appeal, but where the principles can also be understood as applying to all environmental regulators. The cases in question are:
- R v The Knightland Foundation  EWCA Crim 1860;
- Ceredigion County Council v Robinson  EWHC 2121; and
- Wokingham BC v Scott & Ors  EWCA Crim 205
Whether invasion of privacy can be an actionable nuisance – 10.06 mins
In the final part of the podcast, Chris and Mark discuss a case which looks at whether invasion of privacy can amount to an action in nuisance – in particular, involving the new Tate Modern viewing gallery and visitors looking into the neighbouring properties in the NEO Bankside development.
For more information, see:
- Brexit- environmental law implications
- Court dismisses privacy claims by owners of overlooked flats (Fearn and others v Board of Trustees of the Tate Gallery)
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