Environmental enforcement and prosecutions

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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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 enforcement and prosecutions content

Practice notes
The procedural rules relating to the criminal courts’ powers to make compensation orders are contained in sections 133 to 146 of the Sentencing Act...
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9th Apr
Q&As
What issues of compliance might arise?Permit holders are generally expected to comply in full with the terms and conditions of their permit. However,...
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9th Apr
Practice notes
Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...
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Produced in partnership with Craig Burman of Schofield Sweeney 9th Apr
Practice notes
This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
This Practice Note explains how to appeal to the Crown Court against a sentence imposed by the magistrates’ court. It may be read in conjunction with...
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9th Apr
Practice notes
Statutory nuisance leading to abatement noticeA local authority has a duty to inspect its area from time to time for any statutory nuisances, and...
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Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
The Criminal Justice and Public Order Act 1994 (CJPOA 1994) permits the court to draw an adverse inference from the failure of a defendant, following...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Christopher Badger of 6 Pump Court 9th Apr
Practice notes
The power of the court to order the forfeiture of property under the Sentencing Act 2020The Sentencing Act 2020 (SA 2020), also known as the...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Laura Phillips of 6 Pump Court 9th Apr
Practice notes
Environmental enforcement principlesThree principles form the basis of environmental protection in the UK:•the preventative principle—promotes the...
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Produced in partnership with Christopher Badger of 6 Pump Court 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Laura Phillips of 6 Pump Court 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Christopher Badger of 6 Pump Court 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Christopher Badger of 6 Pump Court 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
Statutory nuisance under the Environmental Protection Act 1990A wide range of conduct (eg emission of smoke, fumes, dust etc), which was, in the past,...
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Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building 9th Apr
Practice notes
Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...
Read More >
Produced in partnership with Craig Burman of Schofield Sweeney 8th Apr
Practice notes
Entry into forceTitleDirective 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment...
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8th Apr

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