Environmental disputes and proceedings

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Practice notes
Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...
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Produced in partnership with ELM Law 9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes
General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes
What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...
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9th Nov
Practice notes
Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...
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9th Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 9th Nov
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 9th Nov
Practice notes
Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...
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9th Nov
Practice notes
When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 9th Nov
Practice notes
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
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Produced in partnership with Laura Bolado 9th Nov
Practice notes
Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Environmental disputes and proceedings content

Practice notes
ARCHIVED: This Practice Note has been archived and is for historical purposes only.CPR provisionsThe provisions relating to general rules about costs...
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20th Nov
Practice notes
ARCHIVED: this archived Practice Note provides information as at 1 April 2013 on the implementation of the Jackson Reforms. It is not maintained and...
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20th Nov
Practice notes
Private nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or...
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11th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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6th Nov
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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Produced in partnership with Landmark Chambers 6th Nov
Practice notes
A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 3rd Nov
Practice notes
ARCHIVED: This Practice Note is archived and for historical purposes only.CPR provisionsAs part of the Jackson Reforms the courts are required to...
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5th Oct
Practice notes
Although it may not be possible to prevent a claimant from issuing a claim for judicial review, the more robust the decision-making process employed...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Sep
Practice notes
Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Sep
Practice notes
Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Sep
Practice notes
When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep
Practice notes
General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Sep
Practice notes
Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Sep
Practice notes
What is Judicial Review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep
Q&As
Judicial review is considered to be a remedy of last resort. Accordingly, the Administrative Court will not normally entertain a claim for judicial...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 29th Sep
Q&As
We have focused on judicial review in the High Court in England and Wales. Having conducted a comprehensive search of our resources on this subject,...
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28th Sep
Q&As
The starting point for loss and injury caused by flooding is that there is no common law legal right to be protected from flooding and its effects. At...
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Produced in partnership with Denis Edwards of Normanton Chambers 28th Sep
Q&As
Private nuisancePrivate nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise, smell or by the causing...
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28th Sep

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