Environment
Henderson Chambers has an established environmental law team and unrivalled experience of large-scale environmental group actions. It is listed as a leading set for environmental law by the Legal 500 and Chambers UK, and has won the Chambers UK award for Environment Set of the Year.
Members of chambers are engaged in many high-profile regulatory and criminal environmental proceedings, and in civil claims arising from pollution and other environmental issues. They have particular expertise in the railway, waste, transport and mining industries, where environmental issues often arise. Our long-standing and recognised pre-eminence in common law nuisance claims and in public law has led to unparalleled expertise in related areas of environmental law including risk management, pollution and waste management.
Henderson Chambers boasts a wide range of environmental law expertise at all levels, from silk to junior. Members undertake a wide range of work, from large scale disasters to small individual claims and prosecutions, and are adept at working both individually and in teams. Our members have been and are involved in seminal cases including Cambridge Water, Buncefield and the Volkswagen NOx Diesel Emissions Litigation.
The environmental expertise of Henderson Chambers is recognised nationally and internationally. Whether it is the dumping of waste oils off the Ivory Coast, or the exposure to radiation during atomic testing in the South Pacific, Henderson Chambers provides expert Counsel to clients across the globe. From the claims of Peruvian miners and the claims of Colombian farmers to the claims of residents in the Niger Delta, Henderson Chambers are the experts at environmental damage claims and group actions.
Members have acted in cases involving the alleged contamination of land or sea by chemicals, sewage and airborne dioxins, contamination of industrial and domestic water supplies, large-scale workplace contamination by asbestos and industrial chemicals. Henderson Chambers has expertise in flood claims and local authority liability (such as tree root claims). Our advisory work is of equal importance, covering private law and public law civil proceedings, non-litigious policy issues, internal company policies, best practice guidance and parliamentary committees. We also advise regulators and landowners on Environmental Protection Act, Land Drainage Act and Water Resources Act notices and licences.
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Expertise
- The Grenfell Tower Inquiry: Members of Henderson Chambers are instructed by several Core Participants in this public inquiry. Amongst other issues, the inquiry is considering the environmental impact of the fire, including from the release of toxic gases.
- Lungowe v Vedanta: The jurisdiction issues were determined by the Supreme Court in April 2019, following a two-day appeal in January 2019 in this major environmental pollution claim arising from mining activities in Zambia. The matter now returns to the TCC for the substantive litigation, which will be ongoing throughout 2021.
- R (Friends of the Earth) v UKEF and HM Treasury: Judicial review sought by Friends of the Earth, challenging the Government’s decision to provide financial support to a $20bn major fossil fuel project in Mozambique. One of the major environmental judicial review claims of 2021.
- Okpabi v Royal Dutch Shell (The Ogale Litigation): The jurisdiction issues were determined by the Supreme Court in February 2021, following an appeal in Jun 2020. Members of Chambers act for Royal Dutch Shell plc and Shell Petroleum Development Company of Nigeria Ltd in respect of alleged oil pollution and environmental damage in Niger Delta.
- Reading Borough Council v Network Rail and GWR: High profile claim under the Environmental Protection Act arising from the recently constructed railway depot at Reading station.
- Group action arising from noxious car emissions
Representative cases
grid list-
Municipio de Mariana v BHP (Re Fundao Dam Disaster) [2020] EWHC 2930 (TCC)
Successful strike out in November 2020 of 200,000+ claims relating to the collapse of the Fundão dam in South America.
Link to news item here
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Bereleigh Shoot statutory noise nuisance private prosecution (2019)
Members of Chambers successfully defended private landowners in a landmark private prosecution by an aggrieved neighbour under the powers in section 82 of the Environmental Protection Act 1990 that occupied over 4 full weeks of court time. It was alleged that game shooting on the Estate caused a statutory nuisance to the neighbouring property. This high-profile litigation attracted widespread media attention.
Link to news item here
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Ocensa Pipeline Group Litigation [2016] EWHC 1699 (TCC)
The Colombian Farmers / OCENSA Pipeline litigation involved defending oil pipe nuisance, environmental and property damage claim in Colombia. Following a 4 ½ month Trial in the TCC, the defence was successful and all of the Lead Cases were dismissed. This was one of the longest and most complex trials of environmental claims in recent years in which members of Henderson successfully defended BP.
Link to news item here
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Nigerian Off-shore pollution claims (2015)
Members of Chambers defended Royal Dutch Shell plc in respect of alleged off-shore oil pollution and environmental.
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The Bodo Litigation (2014/2015)
Members of Chambers defended Shell Petroleum Development Company of Nigeria Ltd in oil pipe line spillage environmental damage claim in Niger Delta.
Link to news item here
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R v Sellafield and Network Rail [2014] EWCA Crim 49
Members of Chambers were instructed on this matter in which the decision of the Lord Chief Justice laid down guidance for sentencing for all environmental offences.