WHAT A STINKER

The Court of Appeal handed down a unanimous decision this morning which overturned the first instance decision in BARR V BIFFA. This was a group action launched by residents who objected to odours wafting from a landfill site. What is sad is that the parties are required to start over again in test cases worth but tens of thousands altogether whilst the costs of each side exceed £3m. The trial Judge got waylaid with a mass of authority . Yet again rugged and early case management might well have pointed the parties in the right direction.