Environmental disputes and proceedings

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Practice notes
Commercial Property Standard Enquiries (CPSE)The Commercial Property Standard Enquiries (CPSE) have become the industry-standard pre-contract...
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Produced in partnership with ELM Law 19th May
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 19th May
Practice notes
Energy Performance Certificates (EPCs) for commercial property in ScotlandHow do EPCs apply to commercial property in Scotland?This Practice Note...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 19th May
Practice notes
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
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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19th May
Practice notes
Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Practice notes
For the purposes of s 100 of the Highways Act 1980, a ‘highway drain’ is defined as including a ditch, gutter, watercourse, soak-away, bridge,...
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Produced in partnership with John Bates of Old Square Chambers 19th May
Practice notes
What is a contract of insurance?This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an...
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Produced in partnership with RPC 19th May
Practice notes
Regulation (EU) No 517/2014 on fluorinated greenhouse gases—snapshotTitleRegulation (EU) No 517/2014 of the European Parliament and of the Council of...
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19th May
Practice notes
Waste types and controls—controlled wasteControlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection...
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19th May
Practice notes
Energy and Brexit—Euratom and the UK Nuclear SectorWhat is Euratom?The Treaty establishing the European Atomic Energy Community (‘the Euratom Treaty’)...
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Produced in partnership with Ian Truman of Burges Salmon 19th May
Practice notes
BREEAM key requirementsWhat is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating...
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Produced in partnership with Author of the WSP Group 19th May
Practice notes
Flood reinsurance—the Flood Re schemeBackground to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as...
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Produced in partnership with Groundsure and Burges Salmon 19th May
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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19th May
Practice notes
Forfeiture of property following convictionThe power of the court to order the forfeiture of property under the Sentencing Act 2020The Sentencing Act...
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19th May
Practice notes
Environmental permitting—flood risk activitiesHistory of flood defence consentsThe ‘old’ system of flood defence consents, prior to 6 April 2016,...
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Produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon 19th May

Most recent Environmental disputes and proceedings content

Practice notes
Judicial review—environmental mattersThe different routes of challengeThere are two main different routes by which a claimant may challenge an...
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Produced in partnership with Alistair Mills of Landmark Chambers 26th Jul
Practice notes
What is climate change litigation?Over the last decades, climate change has become an issue of ever-growing importance. With evolving scientific...
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Produced in partnership with Katharina Theil of Leigh Day and Richard Lord QC of Brick Court Chambers 15th Jul
Practice notes
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 7th Jul
Practice notes
Construction Industry Model Arbitration Rules (CIMAR)Development of the rulesCIMAR is the acronym for the Construction Industry Model Arbitration...
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Produced in partnership with Mayer Brown 29th Jun
Practice notes
Judicial review—how to start proceedingsThis Practice Note summarises the procedural stages in a judicial review application and then describes in...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 28th Jun
Practice notes
Statutory nuisanceStatutory nuisance under the Environmental Protection Act 1990A wide range of conduct (eg emission of smoke, fumes, dust etc), which...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 25th Jun
Precedents
Private action for a statutory nuisance—notice under section 82(6) of Environmental Protection Act 1990[insert address of claimant's instructing...
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Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 23rd Jun
Q&As
Which environmental authorities regulate and enforce odour controls and what powers do they have?The odours emanating from industrial, trade or...
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21st Jun
Practice notes
Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 11th Jun
Practice notes
An introductory guide to damages in judicial reviewJudicial review is an equitable remedy. The court has discretion to make an award in successful...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 11th Jun
Practice notes
Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and intervenersA defendant in a judicial...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 8th Jun
Practice notes
Judicial review—what it is and when it can be used—Scotland [Archived]ARCHIVED: This Practice Note has been archived is not maintained. For...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 6th Jun
Q&As
What are the grounds for judicial review?We have focused on judicial review in the High Court in England and Wales. Having conducted a comprehensive...
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5th Jun
Practice notes
Avoiding a judicial reviewAlthough it may not be possible to prevent a claimant from issuing a claim for judicial review, the more robust the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 5th Jun
Practice notes
Judicial review—pre-action considerations and procedure—Scotland [Archived]ARCHIVED: This Practice Note has been archived is not maintained. For...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 5th Jun
Practice notes
Judicial review time limits—extensions and urgent casesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 5th Jun
Practice notes
Costs for judicial review—general principlesGeneral rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 5th Jun
Practice notes
Duty of candour and disclosure requirements in judicial reviewDisclosure (stating that a document exists or has existed) in judicial review...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 5th Jun
Q&As
What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?Judicial review is considered to be a remedy of...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 5th Jun
Q&As
Does a claimant have to follow the statutory compensation scheme for loss caused by flood defence works, or can an action can be brought in...
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Produced in partnership with Denis Edwards of Normanton Chambers 5th Jun

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