Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012, [2014] All ER (D) 199 (Jul)
Court of Appeal, Civil Division, Elias & Pitchford LJJ, 21 July 2014 Private nuisance actions are, in principle, capable of constituting procedures which fall within the scope of Art 9.3 of the Aarhus Convention, where there is a significant public interest in the action.
Stephen Tromans QC & Catherine Dobson (instructed by Richard Buxton) for the appellant. James Pereira QC & Jack Connah (instructed by DLA Piper UK LLP) for the respondent.
The appellant’s home was close to an open-cast coal mine operated by the respondent. The respondent was carrying out a land reclamation project, subject to conditions attached to the development permission, requiring effective noise and dust suppression measures to be taken. The appellant wished to bring a claim in private nuisance, alleging that she was affected by dust and noise, which unreasonably interfered with the enjoyment of her home. She contended that that would not happen if the respondent complied with the conditions. The appellant applied for a protective costs order
