Biffa denied chance to appeal odour case ruling

The waste management firm was looking to overturn a decision made by the Court of Appeal on March 19 2012 (see letsrecycle.com story). The Court of Appeal ruled in favour of residents of the Vicarage estate in Ware who said their lives were blighted for years by the nauseating stench of rotting waste coming from the landfill.

However, just over a week ago (July 27), the Supreme Court turned down an application by Biffa to appeal meaning that a claim for private nuisance can now be brought against the firm.

Success by the claimants could result in Biffa being forced to pay thousands of pounds in damages in a case which has already racked up over 6 million in lawyers fees.

Impact

The case could put the waste industry at risk from an increased number of nuisance claims if it sets the precedent for legal action going forward.

Biffa fought the litigation as a test case in the hope of establishing some certainty for operators of similar sites, such as landfill and composting facilities. Its main defence was that the Environment Agency had authorised the emissions of a certain amount of odour under its permit and should therefore not be liable unless it operated the site in a negligent manner.

However legal experts have warned that operators of odorous sites, such as landfill and composting facilities, are at risk of legal action even if the level of odour on site is within the boundaries of the sites environmental permit (see letsrecycle.com story).

Disappointed

Biffa has said that it is disappointed by the Supreme Courts decision. A statement issued by the firm said: Biffa is disappointed to learn that it has not been given permission to raise the important legal issues arising out of the Westmill landfill site odour nuisance case before the Supreme Court.

Biffa said the case will now be referred back to Mr Justice Coulson to determine the individual claims.

The case involves 152 households from the nearby area, and is being spearheaded by retired Derrick Barr who kept a detailed diary of smell emissions from the site.

A spokeswoman for Biffa explained the next step. She said: The 152 individual cases need to be determined by reference to the legal tests set out by the Court of Appeal. In accordance with the decision of the Court of Appeal, the case will now be referred back to Mr Justice Coulson (who heard the case at first instance) to determine the individual claims. This is likely to take the form a further judgment on the 30 lead claims, which will establish principles to be applied to the balance of the 152 claims.