Austin & Ors v Miller Argent (South Wales)

Austin & Ors v Miller Argent (South Wales)

Permission to appeal was granted because the judge's decision to dismiss the GLO application, rather than adjourn or put claimants on terms for further information, raised important points of principle regarding access to justice and the application of Aarhus Convention principles. The claimants also had arguable grounds for reconsideration of the costs award.

Parties
Appellant: Austin & Others; Respondent: Miller Argent (South Wales)
Jurisdiction
England and Wales
Judgment Date
04 April 2011
Procedural Posture
Civil Appeal / Renewed Oral Application for Permission to Appeal
Outcome
Permission to appeal granted on both grounds.
Legal Topics
Group Litigation Order, Private Nuisance, Costs Orders, Aarhus Convention, Access to Justice
Environmental Law Civil Procedure Group Litigation Order Private Nuisance Costs Orders Aarhus Convention Access to Justice

Case Brief

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Parties

Austin & Others

Appellant

Miller Argent (South Wales)

Respondent

Procedural Posture

Civil Appeal / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in dismissing the application for a Group Litigation Order due to funding uncertainties and insufficient information on claimants' claims
  2. 2 Whether the Aarhus Convention principles should have influenced the exercise of discretion in granting a GLO
  3. 3 Whether the costs order against claimants was appropriate before proceedings commenced

Ratio Decidendi

Permission to appeal was granted because the judge's decision to dismiss the GLO application, rather than adjourn or put claimants on terms for further information, raised important points of principle regarding access to justice and the application of Aarhus Convention principles. The claimants also had arguable grounds for reconsideration of the costs award.

Court Disposition

Permission to appeal granted on both grounds.

Orders

  • Time to issue notice of appeal extended.
  • Defendant to provide claimants with estimate of appeal costs within 7 days.