London Borough of Southwark v Connor & Ors

London Borough of Southwark v Connor & Ors

The court found that Mr Campbell and BTS unlawfully deposited waste at Honor Oak Cemetery beyond the limited permission given by Mr Connor, who exceeded his authority in permitting the construction of the yard and failed to involve his superiors when he became aware of the extent of the activities. Mr Connor was not found to have acted dishonestly or received corrupt payments. The defendants were liable in trespass and nuisance for the unlawful deposits, but not for conspiracy or bribery. The claimant's claims regarding other sites and wider allegations were not substantiated. The freezing and search orders were discharged for material non-disclosure.

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
Judgment for the claimant in part; damages awarded; injunctions discharged for material non-disclosure.
Legal Topics
Trespass, Nuisance, Breach of Contract, Breach of Fiduciary Duty, Inducement of Breach of Contract, Dishonest Assistance, Conspiracy, Authority of Agents, Material Non Disclosure, Mitigation of Loss
Tort Contract Employment Local Government Law Environmental Law Trespass Nuisance Breach of Contract +7 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 unlawfully deposited waste on the claimant's land
  2. 2 Whether the first defendant breached his employment contract and fiduciary duties
  3. 3 Whether the second and third defendants acted with the authority of the claimant

Ratio Decidendi

The court found that Mr Campbell and BTS unlawfully deposited waste at Honor Oak Cemetery beyond the limited permission given by Mr Connor, who exceeded his authority in permitting the construction of the yard and failed to involve his superiors when he became aware of the extent of the activities. Mr Connor was not found to have acted dishonestly or received corrupt payments. The defendants were liable in trespass and nuisance for the unlawful deposits, but not for conspiracy or bribery. The claimant's claims regarding other sites and wider allegations were not substantiated. The freezing and search orders were discharged for material non-disclosure.

Court Disposition

Judgment for the claimant in part; damages awarded; injunctions discharged for material non-disclosure.

Orders

  • Judgment against all defendants for £163,651 for removal of yard walls.
  • Judgment against Mr Campbell and BTS for £873,104 for removal of 40% of Area 1 mound (subject to deduction for grave spoil) and further sum for yard waste (excluding scalpings), amounts to be determined.