Millie Polimac successful in High Court appeal concerning standing to bring Environmental Protection Act 1990 prosecution

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 .