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Mishcon Purpose advises Clean Up Britain on legal challenge against National Highways

Posted on 4 January 2024

Mishcon Purpose has been instructed by Clean Up Britain to advise it on using the law to tackle what it calls "an epidemic of litter and fly tipping". Mishcon Purpose has advised Clean Up Britain on how to use the law to hold National Highways, the government agency in charge of England's motorways and major A-roads, to account for its failure keep roadsides land free of litter – something that it is legally required to do in order to fulfil its statutory duties under the Environmental Protection Act 1990.

Clean Up Britain has challenged National Highways on several occasions using the law in relation to particular sites of littering and fly tipping over the past year. Each time, National Highways have been compelled to clear up these sites to avoid a court appearance.

However, following a recent complaint made by Clean Up Britain with respect to a stretch of road along the A3 in Surrey, and in what is believed to be the first time a government body has been taken to court under litter-abatement laws, National Highways is due to appear sometime in early 2024 at Guildford Magistrates' Court to answer for its failure to clean up the site.

Mishcon Purpose continue to advise and support Clean Up Britain. The team comprises Alexander Rhodes, Christina Chambers and Margherita Cornaglia.

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