Stuart
has mediated disputes involving the following issues:
• Claims
for fatal illness and personal injury.
• Claims
relating to IPRs between environmental services companies.
• Nuisance
and negligence claims in respect of odour, noise, dust,
airborne pollutants and pests.
• Claims
by multiple-claimants.
• Claims
against multiple-defendants.
• The
development, operation and restoration of a landfill
site.
• Mineral
extraction.
• The
extent of and compliance with environmental permits.
• Public
health issues in respect of water treatment facilities,
involving mass claims against local authority and indemnity
claims against civil engineer.
• Claims
relating to badger-culling, lawfulness of the Government
programme and judicial review.
• Moth-infestation
and compliance with building product standards.
• Allegations
of negligent scientfic research into environmental performance
of building products.
Recent examples include: • Class action by 150 residents against owners and operators of an animal by-product rendering facility and associated hauliers for odour nuisance.
• Claim against public authority and charitable body neighbours for nuisance and negligent land-management leading to losses of dairy herd allegedly caused by stagnant water accumulating on the claimant’s land.
• Dispute over performance of contract for collection of regulated medical waste.
• Subrogated claim for flood damage caused by culvert overflow, by private landowner against downstream local authority landowner.
• Subrogated claim for flood damage caused by culvert overflow, by private landowner against downstream local authority landowner.
• Further dispute over performance of contract for collection of regulated medical waste.
• Claim by employer for non-removal of asbestos-containing materials from decommissioned power station in preparation for residential and commercial development, with defences based on contractual scope.
• Claim by residents against power station for nuisance caused by dust emissions including claims by owner/occupiers and landlords for loss of amenity, loss of capital value and loss of rental value.
• Dispute involving the sale and purchase of renewable
energy sites.
• Claim by residents against aircraft engine testing facility in rural setting for odour nuisance.
Stuart has experience of litigating
and advising on a number
of environmental issues including
the following:
•
International
dispute over IPRs in respect of water-filtration membrane
technology.
• Advising
on contract for collection and transportation of waste
on the Thames.
• Advising
on commercial issues relating to environmental waste.
• Advising
on application for licence to deal in controlled oils.
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