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ACCC/C/2008/23 United Kingdom

Case status: Findings adopted on 24.09.2010 – Non-compliance found. 
Follow-up: Committee refrained from making recommendations; Concluded; see para. 15 of Decision V/9 on general issues of compliance, Decision IV/9i
Topics: Protection of environmental defenders; Access to justice. 
Articles alleged: 3 (8); 9 (4).  
Articles considered by the Committee: 3 (2), 3 (8); 9 (3), 9 (4). 
Articles, if any, found in non-compliance: 9 (4). 
Summary: On 21 February 2008, Mr. Morgan and Mrs. Baker of Keynsham, United Kingdom, represented by Mr. Paul Stookes of Richard Buxton Environmental & Public Law, submitted a communication to the Compliance Committee, alleging non-compliance by the United Kingdom of Great Britain and Northern Ireland with its obligations under article 3 (8) and article 9 (4) of the Convention. The communicants alleged that the Party concerned failed to ensure the availability of fair, equitable, timely and not prohibitively expensive review procedures in their private nuisance proceedings against Hinton Organics (Wessex) Ltd, seeking an injunction to prohibit offensive odours arising from the operator’s waste composting site near the communicants’ homes.  

Document Status Date received or posted by the secretariat
Datasheet ACCC/C/2008/23   21.10.2010
Determination on admissibility At CC-19 07.03.2008
Communication   21.02.2008
Summary Note Summary of the communication provided by the communicant 21.02.2008
Briefing Note for the Court of Appeal Addendum 1 to the communication 21.02.2008
Judgement of High Court of 9 November 2007 Addendum 2 to the communication 21.02.2008
Judgement of High Court of 21 December 2007 Addendum 3 to the communication 21.02.2008
Order of 21 December 2007 Addendum 4 to the communication 21.02.2008
Letter to the Party informing about the communication and raising several points Letter from the secretariat sent at the request of the Committee made at CC-19 17.04.2008
Letter to the communicant regarding preliminary admissibility of the communication and request for additional information Letter from the secretariat sent at the request of the Committee made at CC-19 17.04.2008
Letter from the Party concerned regarding delay in providing response dated 7.07.2008 Letter to the secretariat 02.08.2008
Letter from the Party concerned regarding delay in providing response dated 6.08.2008 Letter to the secretariat 06.08.2008
Letter from the Party concerned regarding delay in providing response dated 1.09.2008 Letter to the secretariat 01.09.2008
Letter to the Party concerned conveying Committee's considerations with regard to extension of time for the Party's response Letter from the secretariat on behalf of the Committee 25.09.2008
Letter from the communicant concerning the delay in the provision of the response byt he Party concerned and providing additional information Letter to the secretariat 29.09.2008
Warning letter from the Environmental Agency to Hinton Organics dated 14.02.2008 Appendix 1 to the additional information from the communicant 29.09.2008
Summayr history of regulation of Hilton Organics (Environment Agency) Appendix 2 to the additional information from the communicant 29.09.2008
South Gloucestershire in-vessel composter: chronological sequence of preferred locations Appendix 3 to the additional information from the communicant 29.09.2008
Initial response provided by the Party (as amended on 22 May 2009) addressing the questions posed in the penultimate paragraph of the letter from the Secretariat on behalf of the Committee dated 17 April 2008 Response made pursuant to para. 23 of the annex to decision I/7 and in connection with the requests of the Committee made at CC-19 and CC-21 22.05.2009
Letter from the Communicant Letter to the Committeeaddressing the Party's response and forwarding the additional information 11.11.2008
Letter of 15.01.2008 from the Environmental Sevices of BANES concerning the communicant's complaint Additional information from the communicant 11.11.2008
Summary of complaints dated 19.05.2008 Additional information from the communicant 11.11.2008
Letter of complaint from the communicant to the BANES Council (11.11.2008) Additional information from the communicant 11.11.2008
Letter of complaint from the communicant to the Environmental Agency (11.11.2008) Additional information from the communicant 11.11.2008
Letter to the Party concerned conveying the Committee's considerations wtih regard to extension of time for the Party's reponse and the timing of the discussion on the subject matter of the communication Letter from the secretariat on behalf of the Committee 12.01.2009
Letter to the communicant conveying the Committee's considerations wtih regard to extension of time for the Party's reponse and the timing of the discussion on the subject matter of the communication Letter from the secretariat on behalf of the Committee 12.01.2009
Letter from the communicant in response to the Committee's letter on 12.01.2009 Letter from the communicant received by the secretariat 24.03.2009
Warning letter from the Environment Agency to Defendant dating 14.02.2009 Addendum 1 to the letter 24.03.2009
Judgement of the Court of Appeal Addendum 2 to the letter 24.03.2009
Letter from the Party concerned with regard to further information on compliance by the United Kingdom with the provisions of the Convention Letter from the Party concerned received by the secretariat 26.03.2009
Letter from the communicant requesting the Committee to proceed with consideration of the communication Letter from the communicant received by the secretariat 30.03.2009
Letter to the communicant regarding the discussion on the subject matter of the communication Letter from the secretariat on behalf of the Committee 15.04.2009
Letter to the Party concerned regarding the discussion on the subject matter of the communication Letter from the secretariat on behalf of the Committee 15.04.2009
Letter from the Party concerned requesting delay in the discussion of the case in order to have three communications concerning the UK discussed during the same meeting Letter from the Party concerned 12.05.2009
Letter from the communicant requesting not to postpone the discussion Letter from the communicant 14.05.2009
Amicus Brief document for communications 23, 27 and 33 received by CAJE Proposal by CAJE to the Secretariat 22.05.2009
Annex A - Rule 44.3, Civil Procedure Rules Annex to the Amicus Brief 28.05.2009
Annex B - Using the Law: Barriers and Opportunities for Environmental Justice (Capacity Global) Annex to the Amicus Brief 28.05.2009
Annex C - Environmental Justice (the Environmental Justice Project) Annex to the Amicus Brief 28.05.2009
Annex D - Civil Law Aspects of Environmental Justice (ELF) Annex to the Amicus Brief 28.05.2009
Annex E - Modernising Environmental Justice (UCL) Annex to the Amicus Brief 28.05.2009
Annex F - CAJE Briefing - Access to Justice: Making it Affordable Annex to the Amicus Brief 28.05.2009
Annex G - UKELA Position Statement on Costs Annex to the Amicus Brief 28.05.2009
Annex H - Access to Justice in Environmental Matters (Professor Nicolas de Sadeleer) Annex to the Amicus Brief 28.05.2009
Annex I - Litigating the Public Interest (Liberty/Civil Liberties Trust) Annex to the Amicus Brief 28.05.2009
Annex J - Measures on Access to Justice in Environmental Matters (Milieu Ltd Report, UK) Annex to the Amicus Brief 28.05.2009
Annex K - Judgment in R v. (Francis Morgan) v Hinton Organics (Wessex Ltd.) Annex to the Amicus Brief 28.05.2009
Annex L - CAJE letters to the Civil Procedure Rules Committee (Letter dated 10th June 2005 to CPRC) (Letter dated 23 July 2008 to CPRC, Enclosure to 23 July 2008 letter) Annex to the Amicus Brief 28.05.2009
Annex M - Table showing JRs embarked upon by selected CAJE members since 1990 Annex to the Amicus Brief 28.05.2009
Annex N - Ensuring Access to Justice in England and Wales (Sullivan Report) Annex to the Amicus Brief 28.05.2009
Annex O - Review of Civil Litigation Costs (Jackson Preliminary Report) Annex to the Amicus Brief 28.05.2009
Annex P - CAJE complaint to the European Commission Annex to the Amicus Brief 28.05.2009
Annex Q - Chambers Annex to the Amicus Brief 28.05.2009
Annex R - Judgment in Corner House Annex to the Amicus Brief 28.05.2009
Letter to the parties concerned of communications 23, 27 and 33 with regard to decisions for discussion plans of these three communications Letter from the secretariat 27.05.2009
Letter from the Party concerned communicating its position for the hearing on 1 July 2009 Letter from the Party concerned 23.06.2009
Annex - Documents supporting Party concerned's position Letter from the Party concerned 23.06.2009
Letter from the communicant communicating its position for the hearing on 1 July 2009 Letter from the communicant 23.06.2009
Annex - Documents supporting communicant's position Annex to the letter 23.06.2009
Letter from the communicant outlining certain cost-related aspects Letter from the communicant 30.06.2009
Letter responding to the points raised at CC-24 (text) (disclaimer) From the Party concerned 22.07.2009
Annex 1 - Agreed statement between communicant and Party concerned Annex to the letter 22.07.2009
Communicant post-meeting letter responding to the points raised at CC-24 Letter from the communicant 23.07.2009
European Court of Justice in Case C-427/07, Commission v Ireland (cover) (decision) From CAJE 27.07.2009
Letter from the Party concerned with issues on C23 and C33 Letter from the Party concerned 30.07.2009
Message with reply concerning costs of the Environment Agency and BANES Message from the communicant 21.09.2009
Annex 1 - Claimants’ skeleton argument in support of permission to appeal and substantive appeal if permission granted Annex to message from the communicant 21.09.2009
Annex 2 - Matter related to BANES Annex to message from the communicant 21.09.2009
Annex 3 - Matter related to the Environment Agency Annex to message from the communicant 21.09.2009
Annex 4 - Skeleton argument of the appellants Annex to message from the communicant 21.09.2009
Draft statement concerning the allegation of a conflict of interest Prepared by the Compliance Committee 24.09.2009
Message containing reaction from the Party concerned with regard to the conflict of interest issue Letter from the Party concerned 25.09.2009
Statement concerning the allegation of a conflict of interest Prepared by the Compliance Committee 25.09.2009
Statement with regard to the conflict of interest issue Letter from CAJE 30.09.2009
Message from the communicant containing reaction from the communicant with regard to the conflict of interest issue Letter from the communicant 05.10.2009
Message to all parties concerned (including the amicus) with regard to the outcome after CC-25 and the following steps concerning the case Letter from the secretariat 13.11.2009
Message to the parties concerned with a further point to clarify about the costs involved Letter from the secretariat 08.01.2010
Letter to the Committee replying to the clarification about the costs involved Letter from the communicant 08.01.2010
Annex - Documentation mentioned in the reply letter Annex to the letter from the communicant 08.01.2010
Letter to the Committee replying to the clarification about the costs involved Letter from the Party concerned 11.01.2010
Letter in reply to the previous message from the Party concerned (Cover) (Annex) Letter from the communicant 16.01.2010
Message updating the Compliance Committee on the publication of Lord Justice Jackson's Report on Civil Litigation Costs on 14th January 2010 Letter from CAJE 20.01.2010
Letter posing questions to the parties concerned Letter from the secretariat 09.03.2010
Reply from the Party concerned to the letter from the secretariat dated 9 March 2010 Message from the Party concerned 12.03.2010
Reply from the communicant to the letter from the secretariat dated 9 March 2010 Message from the communicant 12.03.2010
Comments on the Jackson Report Message from the communicant 12.03.2010
Letter on the cost issue with regard to C23, C27 and C33 Message from CAJE 17.03.2010
Letter from the communicant with further documentation requested - Cover Letter from the communicant 12.04.2010
Annex 1 - Communicant's note of 10 April 2010 Letter from the communicant 12.04.2010
Annex 2 - Annex 1 to communicant's note of 10 April 2010 Letter from the communicant 12.04.2010
Annex 1 - Annex 2 to communicant's note of 10 April 2010 Letter from the communicant 12.04.2010
Letter from the Party concerned with further documentation requested - Cover Letter from the Party concerned 13.04.2010
Annex 1 - Judgement of 9 November 2009 Letter from the Party concerned 13.04.2010
Message from Environmental Law Foundation on the three UK cases Message from Environmental Law Foundation 20.05.2010
Annex - Report on the three UK cases Annex to the message from Environmental Law Foundation 20.05.2010
Letter from CAJE about the three UK cases (C23, C27, C33) Message from CAJE 26.05.2010
Annex 1 - Letter about the Pallikaropoulos case Annex to the message from CAJE 26.05.2010
Annex 2 - Final judgement of the Pallikaropoulos v SSEFRA case Annex to the message from CAJE 26.05.2010
Letter sending the draft findings to the parties concerned Letter from the secretariat 07.06.2010
Draft findings Letter from the secretariat 07.06.2010
Comments on the draft findings Letter from the communincant 11.06.2010
Comments on the draft findings Letter from the Party concerned 18.06.2010
Further comments on the draft findings Letter from the communicant 22.06.2010
Findings and letters from the secretariat to the Party concerned and to the communicant From the secretariat 18.10.2010
Follow-up on compliance From the secretariat 07.01.2011
Findings (En Fr Ru) From the secretariat 08.02.2011
Response on follow-up From the Party concerned 15.02.2011
Response by CAJE to the UK response From CAJE 25.02.2011
Response by Lord Justice Sullivan's Working Group on Access to Environmental Justice to all three consultation papers of the Ministry of Justice From CAJE 25.02.2011
Response by CAJE to MoJ consultation papers From CAJE 25.02.2011
Response by CAJE MoJ on injunctions From CAJE 25.02.2011
Draft report from the Committee and cover letter From the secretariat 01.03.2011
Response from CAJE (email) From CAJE 14.03.2011
Response from the Party From the Party concerned 15.03.2011
Report of the Committee ENGFRE RUS From the secretariat 19.05.2011