Barr et al v Biffa

Tom de la Mare acted for Biffa (led by Ian Croxford QC of Wilberforce Chambers) in its successful defence of claims of odour nuisance brought under a GLO by c.150 households.  The case resulted in a very substantial judgment making significant new law as to the effect of detailed EU and domestic regulatory scheme, and in particular an environmental permit regulating the very activity complained of (emission of odour), upon common law liability.  The Court held that a landfill site operated without negligence and in accordance with its Permit was a "reasonable user" of land (albeit not an activity covered by statutory authority) such that the claims failed in their totality.