London Borough of Southwark v Connor & Ors [2011] EWHC 685 (QB) (23 March 2011)

London Borough of Southwark v Connor & Ors [2011] EWHC 685 (QB) (23 March 2011)

The court found that the defendants, particularly Mr Connor, permitted unauthorised tipping and activities at Honor Oak Cemetery, breaching fiduciary and contractual duties, and that Campbell and BTS acted with consent but without proper authority. Southwark is entitled to recover costs for removal and remedial works. The evidence did not support the most extreme allegations of dishonesty or bad faith, but established liability for trespass, nuisance, breach of duty, and conspiracy.

Citation
[2011] EWHC 685
Parties
Claimant: The Mayor And Burgesses Of The London Borough Of Southwark; First Defendant: Terrence Connor; Second Defendant: Noel Campbell; Third Defendant: Brixton Tipping Services Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2011
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Trespass, Nuisance, Breach of Contract, Breach of Fiduciary Duty, Conspiracy, Dishonest Assistance, Inducement of Breach of Contract, Corrupt Payments, Waste Disposal, Council Authority
Environmental Law Tort Law Contract Law Employment Law Trespass Nuisance Breach of Contract Breach of Fiduciary Duty +6 more

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Parties

The Mayor And Burgesses Of The London Borough Of Southwark

Claimant

Terrence Connor

First Defendant

Noel Campbell

Second Defendant

Brixton Tipping Services Limited

Third Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether defendants colluded in unlawful tipping of waste at Honor Oak Cemetery
  2. 2 Whether corrupt payments were made to facilitate unlawful activities
  3. 3 Whether defendants breached contractual and fiduciary duties

Ratio Decidendi

The court found that the defendants, particularly Mr Connor, permitted unauthorised tipping and activities at Honor Oak Cemetery, breaching fiduciary and contractual duties, and that Campbell and BTS acted with consent but without proper authority. Southwark is entitled to recover costs for removal and remedial works. The evidence did not support the most extreme allegations of dishonesty or bad faith, but established liability for trespass, nuisance, breach of duty, and conspiracy.

Court Disposition

Judgment for the claimant

Orders

  • Defendants liable for costs of removal and remedial works at Honor Oak Cemetery
  • Further inquiry into stability of mound deferred