Morgan and Baker - Hinton Organics
Morgan & Baker v. Hinton Organics
Morgan & Baker v. Hinton Organics
IN THE HIGH COURT OF JUSTICE
QUEEN's BENCH DIVISION
BRISTOL DISTRICT REGISTRY
Case No: 7BS90899
Greyfriars
Lewins Mead
Bristol
BS1 2NR
8 April 2008
Before:
HIS HONOUR JUDGE BURSELL QC
B E T W E E N:
FRANK MORGAN and CATHERINE BAKER
and
HINTON ORGANICS (WESSEX) LIMITED
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Morgan and another v. Hinton Organics (Wessex) Ltd. and others
Neutral Citation Number: [2008] EWCA Civ 537
Case No: A2/2008/0038
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM
HIS HONOUR JUDGE SEYMOUR QC
QUEEN'S BENCH DIVISION
HQ06X02114
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 22/05/2008
Before :
LORD JUSTICE CARNWATH
- - - - - - - - - - - - - - - - - - - - -
Between :
Morgan & Anr Appellants
- and -
Hinton Organics (Wessex) Limited & Ors Respondents
R (Baker) v. Environment Agency
CO/6317/2008
Neutral Citation Number: [2008] EWHC 2404 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Thursday, 18th September 2008
B e f o r e:
MR JUSTICE BURNETT
Between:
THE QUEEN ON THE APPLICATION OF BAKER
Claimant
v
THE ENVIRONMENT AGENCY
Defendant
Computer Aided Transcript of the Stenograph Notes of
WordWave International Limited
A Merrill Communications Company
R (oao Baker) v Hinton Organics & others
Neutral Citation Number: [2009] EWHC 595 (Admin)
CO/397/2007
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2
Thursday, 19th February 2009
B E F O R E:
MR JUSTICE COLLINS
THE QUEEN ON THE APPLICATION OF LOUISA BAKER
(CLAIMANT)
v
BATH AND NORTH EAST SOMERSET COUNCIL
(DEFENDANT)
(1) HINTON ORGANICS (WESSEX) LTD
(2) SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT
(INTERESTED PARTIES)
Morgan & Baker v Hinton Organics
Neutral Citation Number: [2009] EWCA Civ 107
Case No: A2/2008/0038 & A2/2008/0951
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HIGH COURT, QUEEN'S BENCH DIVISION A2/2008/0038
HIS HONOUR JUDGE SEYMOUR - A2/2008/0038 &
QUEEN'S BENCH DIVISION, BRISTOL DISTRICT REGISTRY - A2/2008/0951
HIS HONOUR JUDGE BURSELL QC - A2/2008/0951
HQ06X02114 & 7BZ90889 Respectively
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 02/03/2009
Before :
R (oao Baker) v Hinton Organics & others
Neutral Citation Number: [2009] EWHC 3320 (Admin)
Case No: CO5787/2009
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 15 December 2009
Before :
HIS HONOUR JUDGE BIRTLES
- - - - - - - - - - - - - - - - - - - - -
Between :
The Queen on the Application of
LOUISA BAKER Claimant
- and -
BATH AND NORTH EAST SOMERSET COUNCIL
(1) HINTON ORGANICS (WESSEX) LIMITED
(2) HINTON ORGANICS LIMITED Defendant
The smell hits the back of your throat and brings tears to the eyes
Frank Morgan: 'We were having a barbecue recently and suddenly the smell came and we all had to rush indoors'
Curb on "prohibitively expensive" litigation costs must await Jackson review, appeal judge says
The United Kingdom may be "vulnerable" to European Commission action to control the cost of environmental litigation, the Court of Appeal has warned.
The Aarhus Convention, signed by the UK, states that costs in environmental cases should not be "prohibitively expensive".
This principle has formed part of European directives applying to public law cases. In Morgan and Baker v Hinton Organics (Wessex) [2009] EWCA Civ 107, Lord Justice Carnwath said the Aarhus Convention could also apply to private nuisance actions.
