The following Environment practice note provides comprehensive and up to date legal information covering:
The UK and EU ratified the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) in February 2005, and became parties to it in May 2005. Aarhus comprises three pillars:
access to environmental information
participation in the environmental decision-making process, and
access to justice in environmental matters
The third pillar, access to justice, requires parties to ensure a public right to challenge environmental decisions made in breach of the first two pillars or in breach of other environmental legislation. Aarhus Article 9 requires that judicial procedures to challenge environmental decisions are 'timely and not prohibitively expensive'.
There is substantial case law in this field and the European Commission has published guidelines setting out how the public can challenge decisions, acts or omissions of public authorities before a court of law or similar body, covering legal standing, the intensity of scrutiny and the effective remedies to be provided by the national judge, and several other safeguards. The guidelines bring together all the substantial existing Court of Justice of the European Union (CJEU) case-law, making it easier for the implications to be understood by providing one comprehensive document. For more information, see: Guidelines aim to improve access to justice in EU environmental matters, LNB News 02/05/2017 93 and Q&A: Is there
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
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