25th February 2019
Millie appeared on behalf of the appellant in this case which was the first to consider whether a proprietary interest was needed in order to have standing to bring a prosecution under the Environmental Protection Act 1990.
The appellant was a former tenant still in occupation although the landlord was trying to evict her. She brought a prosecution for statutory nuisance. At the start of a 2-day trial the matter was struck out for lack of locus standi.
Kerr J allowed the appeal and remitted the case for re-trial.
The judgment has only recently been reported as Watkins v AMSH [2019] Env. L.R. 2 and can be accessed here .