Christopher Badger

6 Pump Court

Christopher Badger has an established practice in commercial regulatory investigations and prosecutions, specialising in environmental enforcement, acting for both corporate and individual defendants and on behalf of the Environment Agency. Recent instructions include: Advising in several significant commercial disputes in respect of environmental and health and safety obligations under EU and domestic law; judicial review proceedings challenging the implementation of the EU Emissions Trading Scheme; Walker & Son (Hauliers) Ltd v Environment Agency [2014] 1 Cr. App. R. 30; [2014] Env L.R. 22 (leading authority on the statutory construction of “knowingly permit” in the Environmental Permitting Regulations 2007 and 2010); EA v WB Ltd (Counsel on behalf of 2 companies and their director in the largest prosecution for the illegal export of waste to date); R v Rogers, Beaman and Tapecrown Ltd [2016] EWCA Crim 801 (leading authority on the admissibility of fresh evidence in appeals against sentence).

He is often asked to provide early stage advice into on-going investigations, both pre-interview and pre-charge, most recently for firms including Clyde & Co., Kingsley Napley, Eversheds, Kennedys and Osborne Clarke as well as the Environment Agency. Recent written advice and lectures have included issues on environmental liabilities for private investors, case law affecting the receipt of cash payments for the purposes of litigation and other topics including the definition of waste and confiscation in environmental prosecutions.

He is a contributor to the 2013 edition of Burnett Hall on Environmental Law and twice has been asked to speak at the Environment Agency’s National Conference. He was appointed to the ‘A’ List of Specialist Regulatory Counsel in June 2012.

Contributed to

1

Sentencing organisations for environmental offences

Practice Notes

This Practice Note explains the approach the courts take when sentencing organisations found guilty of environmental crime and specifically breaches of section 33 of the Environmental Protection Act 1990 (EPA 1990) (unauthorised or harmful deposit, treatment or disposal of waste) and regulations 12 and 38 of the Environmental Permitting (England and Wales) Regulations (illegal discharges to air, water and land). It explains the requirements of the Sentencing Council’s sentencing guidelines for these offences, the factors which the court will consider on sentencing environmental breaches and the starting point for fines imposed on large corporate offenders. Mitigation features and aggravating features in environmental sentencing are covered as well as the ancillary orders which can also be made on conviction for environmental crimes are also highlighted.

Corporate Crime