Wildlife and habitat conservation

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Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it....

What is a contract of insurance?

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...

Compensation orders in criminal cases

What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...

Practice notes

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional environmental enquiries

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...

Produced in partnership with ELM Law 9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Costs for judicial review—general principles

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...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

General principles of insurance contract law

What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...

9th Nov

In-house

Practice notes

Waste types and controls—controlled waste

Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...

9th Nov

Practice notes

Forfeiture

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...

9th Nov

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 9th Nov

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Appealing a conviction in the Crown Court

This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...

Produced in partnership with Doughty Street Chambers 9th Nov

Practice notes

Public nuisance—general principles

Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...

9th Nov

Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...

Produced in partnership with Laura Phillips of 6 Pump Court 9th Nov

Practice notes

Overview of the EU legal system

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...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Double funding

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...

9th Nov

Most recent Wildlife and habitat conservation content

Practice notes

Shipping emissions—regulation

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with Navraj Singh Ghaleigh of Senior Lecturer in Climate Law, University of Edinburgh 25th Nov

Q&As

Does the purchaser of land assume responsibility for the compliance with the general binding rules of two septic tanks on that land, even though the purchaser will not be using them?

OverviewAs the ‘operator’ of a septic tank, you should ensure you meet the general binding rules. You are the ‘operator’ if: (i) you own the property...

25th Nov

Practice notes

Invasive Alien Species Regulation (EU) 1143/2014—snapshot

TitleRegulation (EU) No 1143/2014 on the prevention and management of the introduction and spread of invasive alien species (the Regulation)Entry into...

25th Nov

Practice notes

Invasive species—regulation and offences

Brexit11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the...

Produced in partnership with Phlorum Limited 25th Nov

Practice notes

Marine Strategy Framework Directive 2008/56/EC—snapshot

TitleDirective 2008/56/ECEntry into force15 July 2008Transposition deadline15 July 2010AmendmentsSee EUR-Lex linked documentsImplementing legislation...

Produced in partnership with Laura Bolado 25th Nov

Practice notes

Biodiversity net gain in England

What is biodiversity net gain?Biodiversity net gain is a principle which aims to leave the natural environment in a measurably better state after...

24th Nov

Brexit

In-house

Practice notes

Birds Directive 2009/147/EC—snapshot

TitleDirective 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (codified...

Produced in partnership with Laura Bolado 23rd Nov

Practice notes

Waste types and controls—plastics

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...

20th Nov

Practice notes

MRV Regulation (EU) 2015/757—snapshot

TitleRegulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon...

Produced in partnership with Laura Bolado 19th Nov

Practice notes

Agricultural nitrate pollution prevention

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...

19th Nov

Practice notes

Agricultural diffuse pollution—regulation and enforcement

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...

10th Nov

Practice notes

Countryside Stewardship: the post-Brexit scheme

BackgroundThe Countryside Stewardship grant scheme was originally introduced as an agri-environment, forestry and woodland scheme operating as part of...

10th Nov

Brexit

Practice notes

Protected hedges and hedgerows

What hedgerows are protected?Certain hedgerows are protected by the Hedgerows Regulations 1997, SI 1997/1160 (HR 1997), enacted under the Environment...

9th Nov

Practice notes

Species Protection

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...

9th Nov

Practice notes

Environmental Impact Assessment and the Habitats Directive

As 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 entered an...

Produced in partnership with Heather Sargent of Landmark Chambers 6th Nov

Practice notes

Green belt and green wedge policy in Wales

IntroductionThe planning systems in England and Wales have become increasingly distinct in recent years, both in terms of policy and legislation. The...

Produced in partnership with Stephen Morgan of Landmark Chambers 6th Nov

Practice notes

Habitats Directive 92/43/EEC—snapshot

TitleCouncil Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora of 21 May 1992 (Habitats Directive)Entry into...

4th Nov

Practice notes

Non-statutory designated areas

Conserving biodiversitySection 40 of the Natural Environment and Rural Communities Act 2006 (NERCA 2006) places a duty on all public authorities in...

3rd Nov

Practice notes

1992 Convention on Biological Diversity—snapshot

Title1992 Convention on Biological DiversityParties196LocationNairobiAdopted22 May 1992ProtocolsCartagena Protocol on Biosafety to the Convention on...

3rd Nov

Practice notes

Implementation of the Habitats Directive in England and Wales

As 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 entered an...

27th Oct