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 claimant failed to prove, on the balance of probabilities, that the defendants colluded in unlawful tipping at Honor Oak Cemetery between 2005 and 2008 or that Mr Connor received corrupt payments. The evidence did not support the extent of dishonesty or collusion alleged. The claims for trespass, nuisance, breach of contract, breach of fiduciary duty, and conspiracy were not made out. The interim freezing and search orders were to be discharged.

Citation
[2011] EWHC 685 (QB)
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 / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Trespass, Nuisance, Breach of Contract, Breach of Fiduciary Duty, Conspiracy, Waste Disposal, Corruption, Remedial Works, Interim Freezing Orders, Search Orders
Civil Litigation Environmental Law Local Government Law Trespass Nuisance Breach of Contract Breach of Fiduciary Duty Conspiracy +5 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 / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants colluded in unlawful tipping of waste at Honor Oak Cemetery between 2005 and 2008
  2. 2 Whether Mr Connor received corrupt payments for permitting such activities
  3. 3 Whether the defendants are liable for trespass, nuisance, breach of contract, breach of fiduciary duty, inducement of breach of contract, dishonest assistance, and conspiracy

Ratio Decidendi

The court found that the claimant failed to prove, on the balance of probabilities, that the defendants colluded in unlawful tipping at Honor Oak Cemetery between 2005 and 2008 or that Mr Connor received corrupt payments. The evidence did not support the extent of dishonesty or collusion alleged. The claims for trespass, nuisance, breach of contract, breach of fiduciary duty, and conspiracy were not made out. The interim freezing and search orders were to be discharged.

Court Disposition

Claim dismissed

Orders

  • All claims against the defendants are dismissed.
  • Interim freezing and search orders are discharged.