The following Environment practice note provides comprehensive and up to date legal information covering:
Reviewed by Professor Richard Macrory
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.
Since 4 January 2011, the Environment Agency (EA) has been using new enforcement powers under the Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 and the Environmental Sanctions (Wales) Order 2010, SI 2010/1821. Natural England (NE) started using its powers from 3 January 2012. The EA and NE are responsible for enforcing environmental civil sanctions in England. From 1 April 2013, Natural Resources Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales.
Civil sanctions were introduced under the Regulatory Sanctions and Enforcement Act 2008 (RESA 2008) which provides the core framework. Orders made under RESA 2008 in relation to environmental civil sanctions came into force in England on 6 April 2010 and in Wales on 15 July 2010. They aim to make environmental law enforcement more flexible and effective for both regulators and businesses. EA guidance states that 'the aim of enforcement is to make sure business and industry takes appropriate
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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