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GLOSSARY
Encroachment describes one person’s land, building or rights extending unlawfully into, over or under another’s land. In practice this includes boundary structures (such as walls or fences), buildings erected partly on a neighbour’s land, overhanging eaves or gutters, underground foundations, or works interfering with rights of way or other servitudes/easements.Across England & Wales, Scotland, Northern Ireland and Ireland the term is used descriptively in property, real estate and neighbour disputes rather than as a tightly defined statutory concept. Its legal treatment relies mainly on land law, trespass, nuisance, easements/servitudes, adverse possession and specific statutory regimes (for example, party wall or building control legislation).Key issues include: whether the encroachment constitutes a continuing trespass; available remedies (injunction or interdict, removal or alteration works, damages/compensation, or boundary rectification); limitation and prescription; and the impact on title, registration and marketability of land.In Scotland, encroachment also arises in relation to real burdens and servitudes and has a developed case law on remedies. In all four jurisdictions, encroachment is a common focus of boundary disputes, professional negligence claims and due diligence in property transactions.
GLOSSARY
means a mortgage, claim, charge, pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or other encumbrance or any legal or equitable third party right or interest, including any security interest of any kind or any type of preferential arrangement (or any like agreement or arrangement creating any of the same or having similar effect);
GLOSSARY
The state and condition to which the site of a designated nuclear power station or facility must be restored in order for NDA to have fully satisfied its decommissioning responsibilities under the Energy Act 2004. An End State is defined for each of NDA’s individual nuclear sites and is set out in NDA’s Strategy, a document which is consulted upon and agreed with the local community and key stakeholders. When the End State has been realised, NDA may make an application to the Secretary of State for Business, Energy and Industrial Strategy seeking the modification or revocation (as appropriate) of the relevant site Designating Direction.
PRACTICE NOTES
What amounts to the conclusion of criminal proceedings? A typical criminal case concludes with either an acquittal at the end of a trial, or a conviction and sentence after a trial or a guilty plea. However, there are a number of other ways in which criminal proceedings may come to an end. They are considered below, categorised as follows: Without charge, at the end of a criminal investigation • a decision to take no further action • another out-of-court disposal, such as simple or conditional cautions Without a verdict, after proceedings have begun • the discontinuance of proceedings by the Director of Public Prosecutions (DPP) (in both the magistrates’ court and Crown Court) or by another public prosecutor (in the Crown Court)—available before summary trial starts (magistrates’ court), or before the indictment is preferred (Crown Court) • the withdrawal of the charge or summons by the prosecution (only in the magistrates’ court)—available at any time before adjudication with leave of the court • the dismissal of the
PRACTICE NOTES
Importance of discussing end of life plans Towards the later stage of a person’s life, conversations may take place between them, their families and those who look after them, such as doctors and other health care professionals to understand and share expectations and wishes regarding future care and treatment. These important conversations can help the person make informed decisions, plan ahead, give them control over care and treatment they receive or do not want to receive, and provide peace of mind. The person’s plans can include any, or all of, the following: • making a health and welfare lasting power of attorney (LPA) appointing another person or persons to make decisions, if and when they lack mental capacity to make a decision for themselves • making an advance decision to refuse specified medical treatment in specified circumstances in the future • setting out their wishes for care and treatment in an advance statement or an advance care plan, which may be taken into account when care and treatment is being provided Sometimes
NEWS
Dispute Resolution analysis: The court was considering when to make a precautionary injunction final and whether to attach a power of arrest. The London Borough of Havering (‘LBH’) was granted a final precautionary injunction prohibiting unauthorised encampments and fly-tipping following an interim order in 2019. LBH demonstrated a compelling reason for an injunction as there was an imminent risk of planning breaches that would cause real harm, and that other measures and remedies would not address those concerns. Those seeking an injunction must ensure it is tailored to the circumstances of each defendant and has mechanisms to alleviate the infringement of their rights. If defendants wish to effectively defend, they must participate in proceedings to avoid the risk of adverse inferences being drawn on the evidence available to the court. Following the Supreme Court decision in Wolverhampton v London Gypsies and Travellers, the court will not make individual (rather than general) assessments on proportionality when ECHR concerns are not advanced by that individual defendant. Written by Lauren Godfrey, barrister at Gatehouse Chambers.
GLOSSARY
The individual or organization that originates or is the final recipient of information carried over a network (ie the consumer).
NEWS
The European Banking Authority (EBA) has published an updated set of 13 systemic importance indicators and supporting data for the 32 largest EU institutions with leverage ratio exposure measures exceeding €200bn. The publication features the latest figures and metrics essential for recognising institutions within the Banking Union and those operating under the Single Resolution Mechanism (SRM). The EBA updates this data on a yearly basis and provides user-friendly tools to support access and analysis.
PRACTICE NOTES
The applicable end-of-life vehicle legislation Relevant legislation in the UK includes: • End of Life Vehicle Regulations 2003, SI 2003/2635 (ELVR 2003) • End of Life Vehicles (Producer Responsibility) Regulations 2005, SI 2005/263 (ELVPRR 2005) The regulations aim to protect the environment by restricting the use of hazardous materials and introducing measures to promote recycling. The regulations cover cars (with up to nine seats) and small vans (of up to 3.5 tonnes) including components made for them. It is important to understand when a vehicle becomes an ELV, because producers and authorised treatment facilities (ATF) have a number of obligations and registration requirements concerning the treatment of ELV. ELVPRR 2005 in particular regulate producer responsibility for establishing collection systems to take-back ELVs and the arrangements for meeting re-use, recycling and recovery targets. Under Environmental Permitting Regulations 2016 (EPR 2016) ATFs must obtain an environmental permit. For more information on environmental permitting, see Practice Note: Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste operations. For more information on the obligations for ELV producers
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the final decision of 1 April 2025; it is no longer maintained. See further, timeline. Case facts Outline Article 101 TFEU investigation into a cartel involving 15 undertakings and one trade association concerning end-of-life vehicle recycling (AT.40669). Latest development On 2 April 2025, the Commission issued its infringement decision after 15 car manufacturers and one trade body settled with the Commission and acknowledged their involvement in the cartel. Total fines totalling €458m were imposed.Total fines imposed on each party were as follows:• Stellantis—€74,934,000 (including a 50% reduction for leniency) • Mitsubishi—€4,150,000 (including a 30% reduction for leniency) • Ford—€41,462,000 (including a 20% reduction for leniency) • BMW—€24,587,000 • Honda—€5,040,000 • Hyundai/Kia—€11,950,000 • Jaguar Land Rover/Tata—€1,637,000 • Mazda—€5,006,000 (of which Ford was jointly and severally and liable for €1,034,000) • Renault/Nissan—€81,461,000 (including a 50% reduction for leniency) • Opel—€24,530,000 (including a 50% reduction for leniency) (of which GM was jointly and severally liable for €13,659,000) • GM—€17,075,000 • Suzuki—€5,471,000 • Toyota—€23,553,000 • Volkswagen—€127,696,000 • Volvo—€8,890,000
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the final decision of 1 April 2025; it is no longer maintained. See further, timeline. Case facts Outline CMA Chapter I investigation into restrictive agreements made between ten undertakings and two trade associations concerning end-of-life vehicle (ELV) recycling and advertising. Latest development On 2 April 2025, the CMA issued its infringement decision after ten car manufacturers and two trade bodies settled with the CMA and acknowledged their involvement in the anti-competitve behaviour. Total fines totalling £77,688,917 were imposed.Total fines imposed on each party were as follows:• BMW—£11,060,925 (including a 20% settlement discount) • Ford—£18,541,929 (including a 20% settlement discount) • Jaguar Land Rover—£4,626,404 (including a 20% settlement discount) • Peugeot Citroen (and owner Stellantis)—£5,189,948 (including a 45% leniency discount and a 20% settlement discount) • Mitsubishi—£898,531 (including a 25% leniency discount and a 20% settlement discount) • Nissan and Renault—£9,979,826 (shared total) and £2,800,646 (sole liability for Nissan) (including a 20% settlement discount) • Toyota—£4,502,760 (including a 20% settlement discount) • Vauxhall
PRACTICE NOTES
Relevant legislation End of life vehicles are regulated in England and Wales through: • End-of-Life Vehicles Regulations 2003 (ELVR 2003), SI 2003/2635 • End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (ELVPRR 2005), SI 2005/263 • Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 The aim of these regulations is to decrease the quantity of waste arising from vehicles and to increase the re-use, recycling and recovery of ELV by: • limiting the use of hazardous substances in new vehicles • encouraging the design and production of vehicles which facilitate re-use and recycling • encouraging the development of the integration of recycled materials • ensuring the collection, treatment, reuse and recovery of ELV through producer responsibility and the use of authorised treatment facilities (ATF) • setting targets for reuse, recycling and recovery of ELVs and their components The Hazardous Waste (England and Wales) Regulations 2005 (HWR 2005), SI 2005/894 and the Waste (England and Wales) Regulations 2011 (WR 2011), SI 2011/988 also have requirements applicable to those businesses involved in the treatment and recycling of ELV. What