Chambers of Jane McNeill QC & Nigel Cooksley QC
10-11 BEDFORD ROW, LONDON, WC1R 4BU, ENGLAND
- Tel:
- Work 020 7269 0300
- Fax:
- Fax 020 7405 1387
- DX:
- 1046 LONDON CHANCERY LANE
- Web:
- www.oldsquare.co.uk
- Email:
John Bates
- Tel:
- Work +44 20 7269 0300
- Email:
Work Department
Environment and product liability law.
Position
John’s main work this year has been in preparation for the trial in Dobson v Thames Water which is group litigation of 1,000+ residents claiming nuisance from odour and mosquitoes at Mogden sewage treatment works. In addition to the expert evidence required of treatment processes and mosquito biology the case is also concerned with the justiciability of these claims in the light of the statutory scheme of the Water Industry Act 1991. The case is listed for a six week trial in February 2010. Barr v Biffa was another group litigation in which nearly 500 residents brought claims against a Biffa landfill in respect of odour nuisance. The action has already generated two rulings, one on the disclosability of ATE insurance terms and the other on costs capping. The case is listed for a five week trial in November 2010. In Jones v Durkin the issue was whether the defendants were liable for the remediation of an area of land on their property, some of which had slipped into a river bordering the claimants’ property. He acted for the claimants and the court held that the defendants were in breach of their leakey neighbour duty to the claimants. He also advised on: liability and damages for oil spillage affecting neighbouring property; liability for long-term oil leakage from a petrol filling station; liability of the Environment Agency under a local Act to repair sea walls; rights of a harbour authority under a Harbour Act to recover harbour dues; the effect of water charges schemes under the Water Industry Act 1991; Liability for erosion caused by boat wash in a canal; liability under section 209(1) of the Water Industry Act 1991 for escapes of water from a water main; whether a developer has a ‘legitimate expectation’ that works in a sewerage undertaker’s programme will be carried out; liability in respect of contaminated silt disturbed by dredging operations; liability of highways authority for noise and vibration during highway works. Significant work/case highlights over the past 12 months include: Dobson v Thames Water; Barr v BIFFA Waste Services; Palmer v Wooton School; Cambridgeshire County Council v ARRIVA; Jones v Durkin.
Career
Qualified 1973; joined Old Square Chambers 1996; publications: author ‘Water and Drainage Law’; ‘UK Waste Law’ and ‘Marine Environment Law’.
Member
Chairman UK Environmental Law Association 1991-93; member Planning and Environment Bar Association.
Education
Inns of Court School of Law.
Practice Areas
Environment; Health and safety; Personal injury - either side
