David Hart KC

Environmental Law

David’s environmental work covers the whole range of issues – litigious, regulatory, planning, public law, criminal and transactional work – over all subject areas including water (Cambridge Water), waste (SRM, REPIC), air (Coalite), odour (Dobson), noise (Dennis, Watson), fishing (cockles, polluted trout streams, and Mott about salmon licences), windfarms (Macarthur and public inquiry). He also has a wide contaminated land practice, including two leading appeals (Sevenoaks and Sandridge).

He has appeared in courts at all levels, including the European Court of Justice (Bromley) and House of Lords (Cambridge Water, UU), and Supreme Court (E). He also appears in the criminal courts on environmental matters.

He is also instructed on insurance policy issues in the environmental insurance con-text, including professional indemnity matters.

For many years Who’s Who Legal have recommended David as a Most Highly Regarded Silk in environmental law.

Listen to David discuss the European Withdrawal Bill, and the future for environmental standards on episode 6 of our podcast Law Pod UK here.

Selected Cases

• Richards v Environment Agency and another [2022] EWCA Civ 26: landmark emissions case in Court of Appeal.
• Beirut Port Explosion (2021): Representing victims of the 2020 Beirut Port Explosion.
• Network Rail Infrastructure v Williams & Waistell [2018] EWCA Civ 1514: Court of Appeal case on liability for Japanese Knotweed.
• Southern Gas Networks v Thames Water [2018] EWCA Civ 33: the Court of Appeal found the defendant water company liable to SGN for the cost of customer compensation payments made after leaking water mains caused a gas outage in Christmas 2012.
• Forager v Natural England [2017] UKUT 0148 (AAC): First appeal to Upper Tribunal about stop notice affecting forager.
• Environment Agency v SITA [2014 – 2017]: Truro Crown court proceedings concerning environmental offences at landfill; hearing before HHJ Carr QC, 2-3 February 2017.
• Environment Agency v Mott [2016]: Judicial review of catch limitation on salmon licence, plus A1P1 claim for damages.
• States of Guernsey v 3M [2016]: Commercial Court: £20m+ product liability claim concerning PFOS used in fire fighting foam.
• Appeal under Water Fittings Regulations: before John Uff QC concerning marinas: 2014.
• Appeals by South West Water, Anglian Water, and Yorkshire Water against conditions in environmental permits: Inspector Grantham, January 2014.
• R (UK Recyclate et al) v. Secretary of State for Environment, Food & Rural Affairs [2013] EWHC 425 (Admin) Hickinbottom J
• Macarthur et al. v. Secretary of State for Communities and Local Government [2013] EWHC 3 (Admin) Lang J
• Felpham footpath diversion inquiry 2012.
• R v. V [2011] EWCA Crim 2342: transfrontier shipment of waste appeal 2011: gave evidence on deposition in US in environmental warranty dispute.
• Winwood & Ors v Biffa Waste Services Ltd & Anor [2011] EWCA Civ 108 concerning the construction of a landfill lease.
• Dobson v. Thames Water, Ramsey J, TCC, [2011] EWHC 3253 (TCC)
• Austin v. Miller Argent [2011] EWCA Civ 928
• Crest Nicholson Residential Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs & Ors [2010] EWHC 561 (Admin)
• Repic Ltd, R (on the application of) v The Scottish Environment Protection Agency & Anor [2009] EWHC 2015 (Admin) (31 July 2009)
• Morgan & Baker v Hinton Organics, CA, February 2009
• Dobson v Thames Water [2009] EWCA Civ 28, CA,
• Watson v Croft Promosport [2009] EWCA Civ 15, CA,
• R (Testwood) v Environment Agency [2008]: Judicial review about salmon fish pass.
• R (Thames Water) v Environment Agency [2008] EWHC Civ 1763, Div. Ct
• R (McCaw) v Westminster City Magistrates Ct [2008] EHWC 1504 (Admin)
• United Utilities v Environment Agency [2007] 1 WLR 2707
• The Bromley ECJ reference: Thames Water & Environment Agency (C-252/05) January 2007
• SRM v Environment Agency [2006] EWHC 3023 Admin
• 3C v Mersey Waste [2006] EWHC 2598 Comm
• Dennis v Ministry of Defence [2003] Env LR 34
• Bowden v South West Water [1998] Env LR 445 (Carnwath J), (CA), [1999] Env LR 438: Shellfisherman claims for breach of EU environmental directives.
• Middleton v Wiggin [1996] Env LR 17, CA: Environmental insurance coverage dispute.
• The Coalite Litigation: Pollution claims by local farmers and inhabitants, environmental insurance coverage dispute and Health and Safety at Work Act prosecution.