Barr v Biffa Waste Services Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 19 March 2012 |
| Neutral Citation | [2012] EWCA Civ 312 |
| Docket Number | Case No: A1/2011/1250 |
| Court | Court of Appeal (Civil Division) |
| Date | 19 March 2012 |
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27 cases
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Fearn and Others v Board of Trustees of the Tate Gallery
...habits of living, but according to plain and sober and simple notions among the English people”; see also Barr v Biffa Waste Services Ltd [2013] QB 455, para 36(ii). The objective nature of the test reflects the fact that the interest protected by the law of private nuisance is the utility......
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Colin & Sandra Thomas v Merthyr Tydfil Car Auction Ltd
...evidence. The law 59 The relevant legal principles are set out in two decisions of the Court of Appeal of recent origin. In Barr v Biffa Waste Services Ltd [2012] 3 AER 380 Carnwath LJ (as he then was) formulated the following principles relevant to allegations of nuisance of the type under......
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Zoe Claire Bucknell v Alchemy Estates (Holywell) Ltd
...to the controlling principle of ‘reasonable user – the principle of give and take …’ As I explained in Barr v Biffa Waste Services Ltd [2013] QB 455, paras 60–72, Lord Goff was not seeking to lay down a general rule, and the concept is not without its problems. … 180. Another important que......
- Fearn and Others v Board of the Trustees of the Tate Gallery
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2 firm's commentaries
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Environment & Climate Change Laws And Regulations 2024
...the permit. However, the EP does not provide protection from liability in all scenarios. Barr and others v Biffa Waste Services Ltd [2012] EWCA Civ 312, for example, confirmed that an EP (which may permit an environmental impact) is not a defence to a private action in 4.3 Can directors and......
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Undue Influence And The Unconscionable Bargain
...that the victim's will or intention was completely overborne in order for the claim to succeed (Hewett v First Plus Financial Group [2012] EWCA Civ 312). The critical question is whether and how the victim's decision-making process was influenced: did the relevant persuasion or advice "[inv......
7 books & journal articles
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The Symbiosis of Property and English Environmental Law – Property Rights in a Public Law Context
...nuisance than others. The difficulty is in working out the criteria according towhich that impact varies.’ Lee, n 108 above, 989.115 [2012] EWCA Civ 312 at [32]-[35] (including the permit’s failure initially to cover odoursemanating from the site).116 ibid at [82], [85]. Carnwath LJ also sug......
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Table of cases
...v Weldon (No 2)), [1989] 1 All ER 1002 (CA) ............................................ 246 Derrick Barr v Bifa Waste Services Ltd, [2012] EWCA Civ 312 ....................... 312 Deschenes v Lalonde, 2020 ONCA 304 ................................................434–35, 436 Detroit Footbal......
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Table of Cases
...Derby & Co. v. Weldon (No. 2)), [1989] 1 All E.R. 1002 (C.A.) ...........125, 126, 135–36 Derrick Barr v. Biffa Waste Services Ltd., [2012] EWCA Civ. 312 ...........................................................................211–12 Detroit Football Co. v. Dublinski, [1955] O.W.N. 805, [......
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Injunctions to Protect Property and Reputation
...Promo-Sport Ltd , [2009] 3 All ER 249 at paras 44 and 51, respectively (CA). However, see Derrick Barr v Bifa Waste Services Ltd , [2012] EWCA Civ 312 at para 124, Carnwath LJ for the court, suggesting that there is a wider role for public interest in the determination of appropriate remedy......
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