The following Environment practice note provides comprehensive and up to date legal information covering:
Air pollution controls, addressing global climate change, ozone depletion and air quality are complex, wide ranging and cover a number of activities. Given the far reaching nature of air pollution, many of the controls are found at international, European and national levels. This Practice Note provides high level information on this framework of controls.
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 implementation period, during which it continues to be subject to EU law. This has an impact on this content.
For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.
Air pollutants come in many forms and stretch across the range of human activities—from emissions emitted by heavy industry, to activities such as driving a car, lighting a fire and refrigerating food. Some of the main pollutants include:
carbon monoxide (CO), carbon dioxide (CO2), nitrogen oxides—major sources include industrial processes, energy plants and transportation
sulphur dioxide—released by burning sulphur containing fossil fuels (eg coal) and produces acid rain, when it combines with water vapour
lead particulates and other heavy metals—arising from combustion processes in motor vehicles, metal processing industries and certain waste incineration, such as batteries
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
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