Derby residents consider legal action over fly plague – BBC News

Posted June 8th, 2016 in animals, environmental health, news, waste by sally

‘Residents plagued by flies from a recycling centre said they hope to take legal action against the Environment Agency and the site operator.’

Full story

BBC News, 7th June 2015

Source: www.bbc.co.uk

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Odd laws you may unknowingly break – BBC News

‘An 800-year-old dress code banning women from taking off their hats may finally be overturned later in Norfolk. But what other old-fashioned, or just plain strange, rules are in place around England?’

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BBC News, 31st May 2016

Source: www.bbc.co.uk

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Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

Full story

Nearly Legal, 25th May 2016

Source: www.nearlylegal.co.uk

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13 ways you might be accidentally breaking the law, according to lawyers – The Independent

‘Various ways in which people may inadvertently break the laws of the UK while at home have been listed by lawyers.’

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The Independent, 10th May 2016

Source: www.independent.co.uk

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Tarmac wins Court of Appeal battle over quarry restoration and waste – Local Government Lawyer

Posted November 19th, 2015 in appeals, construction industry, EC law, news, planning, waste by tracey

‘Tarmac has won a Court of Appeal battle over whether the use of waste in restoring a quarry was waste disposal or waste recovery.’

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Local Government Lawyer, 18th November 2015

Source: www.localgovernmentlawyer.co.uk

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Law changed so nuclear waste dumps can be forced on local communities – The Guardian

‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’

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The Guardian, 5th April 2015

Source: www.guardian.co.uk

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Regina v McDowell; Regina v Singh – WLR Daily

Posted February 26th, 2015 in appeals, confiscation, law reports, licensing, proceeds of crime, sentencing, waste by sally

Regina v McDowell; Regina v Singh [2015] EWCA Crim 173; [2015] WLR (D) 84

‘Where trading receipts were obtained as a result of lawful trading activity rather than a failure to register particulars with the local authority under the Scrap Metal Dealers Act 1964 before carrying on business as a scrap metal dealer, the trading activity was not criminal conduct from which benefit accrued, and the trading receipts were excluded from the criminal lifestyle provisions under section 75(2) of the Proceeds of Crime Act 2002.’

WLR Daily, 19th February 2015

Source: www.iclr.co.uk

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The knotty problem of Fallopia Japonica – Hardwicke Chambers

Posted November 18th, 2014 in environmental protection, misrepresentation, news, nuisance, sale of land, waste by sally

‘Japanese Knotweed (Fallopia Japonica) was originally introduced to the UK in the 1850s as an ornamental plant and animal feed, but it has spread rapidly and estimates now suggest at least one infestation in every 10km2. Knotweed can grow 3 – 4m in a 10 week growing season, and as little as 0.7 grams of rhizome can produce a new plant within only 10 days. The rhizomes can spread to a depth of 3 metres, and 7 metres horizontally. This strong growth and invasive root system can damage concrete foundations, buildings, roads, paving and retaining walls. For good reason, therefore, Knotweed is described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”.’

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Hardwicke Chambers, 10th November 2014

Source: www.hardwicke.co.uk

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Environmental offences guideline comes into force – Sentencing Council

Posted July 1st, 2014 in environmental protection, news, sentencing, waste by sally

‘The new guideline for environmental offences comes into force today. It covers a variety of offences related to the disposal of waste and rubbish, mostly covered by the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2010.’

Environmental Offences: Definitive Guidelines (PDF)

Sentencing Council, 1st July 2014

Source: www.sentencingcouncil.judiciary.gov.uk

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Regina (Allensway Recycling Ltd and others) v Environment Agency – WLR Daily

Posted May 29th, 2014 in environmental protection, law reports, notification, warrants, waste by michael

Regina (Allensway Recycling Ltd and others) v Environment Agency [2014] EWHC 1638 (Admin);  [2014] WLR (D)  225

‘Section 108(6) of the Environment Act 1995, when read together with Schedule 18 to that Act, only required seven days’ notice to have been given prior to the issue of a warrant for entry and inspection relating to residential premises where that warrant was to be issued under conditions (a) or (b) of paragraph 2(2) of the Schedule. There was no such notice requirement in relation to a warrant issued under conditions (c), (d) or (e).’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

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Knowledge of specific conditions not needed to show that landowner “knowingly permitted” illegal waste activities – OUT-LAW.com

Posted February 17th, 2014 in environmental protection, news, strict liability, waste by sally

‘A landowner can be said to have “knowingly permitted” waste activities as soon as it becomes aware that controlled waste has been deposited on its land, the Court of Appeal has held. ‘

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OUT-LAW.com, 14th February 2014

Source: www.out-law.com

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Regina v Walker & Son (Hauliers) Ltd – WLR Daily

Regina v Walker & Son (Hauliers) Ltd [2014] EWCA Crim 100; [2014] WLR (D) 49

‘If a defendant knew that waste operations were occurring on his land, ignorance of the fact that such operations were being carried out in breach of the requirement for an environmental permit was no defence to a charge of knowingly permitting the operation of a regulated facility without an environmental permit.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

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Three charged with stealing food from skip behind Iceland supermarket – The Guardian

Posted January 29th, 2014 in burglary, Crown Prosecution Service, food, news, public interest, vagrancy, waste by sally

‘Crown Prosecution Service claims there is “significant public interest” in prosecuting men arrested for taking discarded food.’

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The Guardian, 28th January 2014

Source: www.guardian.co.uk

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High Court grants injunction to losing bidder over £1bn waste contract award – Local Government Lawyer

“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”

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Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

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Scrap dealer law aims to reduce metal theft – BBC News

Posted October 3rd, 2013 in licensing, news, theft, waste by sally

“A new law targeting trade in stolen metal has come into force.”

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BBC News, 1st October 2013

Source: www.bbc.co.uk

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ICO wrong to impose £250k fine on council for data breach, tribunal rules – Local Government Lawyer

Posted August 23rd, 2013 in appeals, data protection, fines, local government, news, tribunals, waste by sally

“The Information Commissioner’s Office should not have imposed a £250,000 fine on Scottish Borders Council for a data breach, the First-tier Tribunal (FTT) has ruled.”

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Local Government Lawyer, 22nd August 2013

Source: www.localgovernmentlawyer.co.uk

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Councils seek judicial review of Defra decision to withdraw PFI credits from waste projects – OUT-LAW.com

“Three local authorities who were told in February that the Government was withdrawing previously-awarded financial support for waste management projects have launched legal challenges to the decision.”

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OUT-LAW.com, 30th May 2013

Source: www.out-law.com

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Illegal waste boss jailed after arrest on Heathrow runway – The Guardian

Posted May 28th, 2013 in confiscation, news, proceeds of crime, sentencing, waste by sally

“A 55-year old man was arrested on the runway of Heathrow airport as he tried to flee the country to avoid paying back the proceeds of his illegal waste business.”

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The Guardian, 23rd May 2013

Source: www.guardian.co.uk

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Ruling on unintentional sewage leaks liability should lead firms to review prevention efforts, says expert – OUT-LAW.com

Posted March 28th, 2013 in licensing, news, sewerage, waste, water companies by tracey

“Companies responsible for the operation of the sewer networks in England and
Wales can be found criminally liable for unlicensed depositing of controlled
waste even where that deposit of waste is unintentional, the High Court has
ruled.”

Full story

OUT-LAW.com, 27th March 2013

Source: www.out-law.com

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Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (No 2) – WLR Daily

Posted March 26th, 2013 in environmental protection, law reports, sewerage, waste, water companies by sally

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (No 2) [2013] EWHC 472 (Admin); [2013] WLR (D) 114

An unintended escape of sewage amounted to a “deposit” for the purpose of an offence under section 33(1)(a) of the Environmental Protection Act 1990.

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

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