The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The Environment Agency and Natural Resources Wales have published ‘Offence Response Options’ guidance which sets out the available means of enforcement for offences falling within their regulatory remit. The Offence Response Options clearly set out, for each offence, the range of possible enforcement options available to the regulators from a warning, to prosecution, to civil sanctions. It is therefore a useful guide to practitioners whose clients are being investigated for environmental offences.
The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810 impose duties on a person whose operations cause in England, an imminent threat or give reasonable grounds for believing that they will lead to environmental damage. The equivalent regulations in Wales are the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 and the Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015, SI 2015/1394. For information on the scope and purpose of these regulations see Practice Notes: Environmental damage—when does the environmental damage regime apply? and Environmental damage—operators’ obligations, enforcement, offences and appeals.
Environmental damage which occurred in England prior to 19 July 2015 is regulated by the now revoked Environmental Damage (Prevention and Remediation) Regulations 2009, SI 2009/153 yet any enforcement action may still be taken under the 2009 regulations.
Environmental damage which occurred in England on or after 19 July 2015 is
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BREXIT: 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 Practice Note. For further guidance on
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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