European Energy and Environmental Law Review

Volume 15 (2006)

Volume 15 (2006) / Issue 11

Georgina Crowhurst, Simone Davidson, 'Contaminated Land: The Impact of Two UK Landmark Cases' (2006) 15 European Energy and Environmental Law Review, Issue 11, pp. 343–349


his article analyses two landmark cases involving contaminated land in the UK. As the UK’s contaminated land regime is relatively new there has only been two appeal cases to date. This article considers how these two cases impact on the interpretation and application of liability-determining provisions of the contaminated land regime. In addition, practical implications of these judgments are also discussed. Finally, we review how the cases can be reconciled and what this might mean for the regime’s future and effectiveness. The two recent High Court cases involving the contaminated land regime (Part IIA of the Environmental Protection Act 1990) are: (a) R (on the application of the National Grid Gas plc) (formerly Transco Plc) v. Environment Agency (2006) (“the National Grid Gas case”); and (b) Circular Facilities (London) Ltd v. Sevenoaks District Council (2005) (the “Circular Facilities” case).

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ISSN: 0966-1646
ID: EELR2006034