Downs v. Secretary of State for Environment, Food and Rural Affairs

Reference :

[2008] EWHC 2666 (Admin)

Complaint date :

September 16, 2004

Status :

Provisional judgment

Place of jurisdiction :

United Kingdom, London

Plaintiffs types :

Neighbours

Plaintiffs names :

Georgina Downs

Defendants :

Secretary of State for Environment, Food and Rural Affairs (DEFRA)

Lawyers for Health and Environmental Justice :

Michael Fordham, Emma Dixon

Case nature :

Administrative

Type(s), Product(s), Active substance(s) :

Other

Requests :

Recognize that DEFRA had not acted in compliance with EU Directive 91/414 since the domestic regime did not provide for the necessary protection of public health.

Name of the Court :

High Court of Justice of London, United Kingdom

Jurisdiction level :

Decision date :

November 14, 2008

Decision nature :

Positive

Decision content :

The judge said "defects" in Defra's approach to pesticide safety contravened a 1991 EC directive.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The plaintiff, a rural person living next to fields, has developed many illnesses due to pesticides spraying and seeks recognition that the UK government’s methods used in the approval of pesticides do not live up to the standards required by the relevant EC Directive 91/414. 11.14.2008 judgment confirms her claims, but DEFRA appealed and judgment was reversed on 07.07.2009 ([2009] EWCA Civ 664).

Scientific references :

No scientifice reference for this case.