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.”

Full story

The Guardian, 23rd May 2013


Ruling on unintentional sewage leaks liability should lead firms to review prevention efforts, says expert –

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

Full story, 27th March 2013


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


Serious offenders could face bigger penalties under new environmental sentencing proposals – Sentencing Council

Posted March 15th, 2013 in environmental health, fines, penalties, press releases, sentencing, waste by tracey

“New proposals for how environmental offenders like fly-tippers should be sentenced have been launched today by the Sentencing Council.”

Full press release

Sentencing Council, 14th March 2013


Fly-tipping fines should be tougher, says Sentencing Council – BBC News

Posted March 14th, 2013 in fines, news, sentencing, waste by sally

“People responsible for repeatedly dumping waste should face larger fines, says the Sentencing Council for England and Wales.”

Full story

BBC News, 14th March 2013


Cracking Down on Waste Crime report: greater transparency is needed – Halsbury’s Law Exchange

Posted December 21st, 2012 in environmental protection, news, waste by tracey

“The Environment Agency was established under the Environment Act 1995 and plays a central role in ensuring that environmental laws are complied with. Presently, it is the principal environmental regulatory body in England and Wales, although this will change as from 1 April 2013, when the Natural Resources Body for Wales commences operating. Thereafter, that body will perform the functions previously performed by Environment Agency Wales, the Countryside Council for Wales and the Forestry Commission Wales.”

Full story

Halsbury’s Law exchange, 20th December 2012


Thieves sell £500,000 Henry Moore sculpture as scrap for just £46 – Daily Telegraph

Posted December 6th, 2012 in artistic works, news, sentencing, theft, waste by sally

“Two thieves who stole a £500,000 sculpture by Henry Moore and sold it as scrap for just £46 have been jailed for a year.”

Full story

Daily Telegraph, 5th December 2012


Scrap metal cash payments banned – BBC News

Posted December 3rd, 2012 in legislation, news, theft, waste by sally

“Cash payments for metal at recycling yards in England and Wales are no longer legal under new laws aimed at reducing cable theft.”

Full story

BBC News, 3rd December 2012


Use stronger snooping powers against fly tipping, watchdog urges – Daily Telegraph

“New powers to snoop on all emails, web visits and phone calls could still be used to combat minor crimes despite Government assurances, the watchdog who oversees them has said.”

Full story

Daily Telegraph, 29th October 2012


Government publishes guidance on the “legal definition” of waste –

Posted August 23rd, 2012 in news, waste by sally

“New guidance on the legal definition of waste and its application will provide a practical guide to businesses new to the legal definition, the Government said.”

Full story, 22nd August 2012


UK firm admits illegal waste exports to Brazil – BBC News

Posted April 13th, 2012 in news, waste by tracey

“A UK company has admitted illegally exporting non-recyclable household waste to Brazil.”

Full story

BBC News, 12th April 2012


Haringey London Borough Council v Mountplace Ltd – WLR Daily

Posted March 30th, 2012 in duty of care, environmental protection, law reports, news, waste by tracey

Haringey London Borough Council v Mountplace Ltd: [2012] EWHC 698 (Admin);  [2012] WLR (D)  100

“The duty of care imposed on a producer of waste (or anyone else who fell within one of the different categories of waste holder) by section 34(1)(c) of the Environmental Protection Act 1990 was a duty to secure the results set out in the subsection which fell to complied with on the occasion of a given transfer of waste, and the question as to what were the reasonable measures applicable to him ‘in that capacity’ to secure those results fell to be answered by reference to his capacity on that occasion in the circumstances prevailing at that time. However, that did not mean that a waste holder could not comply with that duty on the occasion of the transfer by having reference to measures he had already taken on days prior to that occasion in anticipation of that occasion, nor did it preclude the court from considering such measures, or the absence thereof, in determining whether the duty had been complied with.”

WLR Daily, 28th March 2012



A robust restatement of the principles of nuisance – UK Human Rights Blog

Posted March 28th, 2012 in appeals, news, nuisance, waste by sally

“The reverse suffered by the claimants in the noisy motor racing case case before the Court of Appeal last month was something of a body blow to common lawyers and environmentalists. So this latest development in nuisance litigation should be welcome news.”

Full story

UK Human Rights Blog, 27th March 2012


Environmental and planning law newsletter – Thirty Nine Essex Street

Environmental and planning law newsletter (PDF)

Thirty Nine Essex Street, March 2012


Barr and others v Biffa Waste Services Ltd – WLR Daily

Posted March 21st, 2012 in appeals, law reports, nuisance, waste by sally

Barr and others v Biffa Waste Services Ltd [2012] EWCA Civ 312; [2012] WLR (D) 86

“Conventional principles of the law of nuisance were to be applied to a claim based on nuisance by smell from a waste tip operated pursuant to a waste management permit. The fact that the alleged interference did not breach the permit nor amounted to negligence did not mean that the user had to be deemed ‘reasonable’.”

WLR Daily, 19th March 2012


The game changed back: Barr v. Biffa reversed – UK Human Rights Blog

Posted March 20th, 2012 in appeals, defences, negligence, news, nuisance, waste by sally

“For the last year or so, the law of nuisance has been in a state of flux pending this appeal. In this case about an odorous landfill, Coulson J had ruled that compliance with the waste permit amounted to a defence to a claim in nuisance, and that a claimant had to prove negligence in the operation of the landfill before he could claim in nuisance. The Court of Appeal has today reversed this decision.”

Full story

UK Human Rights Blog, 19th March 2012


Scrap metal laws to be tightened to tackle theft – BBC News

Posted January 26th, 2012 in fines, news, theft, waste by sally

“Cash payments for scrap metal are to be outlawed and fines ‘significantly increased’ to tackle the growing problem of metal theft.”

Full story

BBC News, 26th January 2012


Councils face ban on issuing fines to people who leave bins out on wrong day – The Guardian

Posted January 16th, 2012 in consultations, fines, local government, news, waste by sally

“Householders will no longer face fines for making ‘innocent mistakes’ when putting out their bins under plans being announced by the government this week.”

Full story

The Guardian, 15th January 2012


Skip hire boss William O’Grady dumped waste illegally – BBC News

Posted December 20th, 2011 in community service, news, suspended sentences, waste by tracey

“A skip hire firm boss has been given a year’s suspended sentence for illegally dumping waste which saved him up to £1.5m in charges.”

Full story

BBC News, 20th December 2011


Regina v Ideal Waste Paper Co Ltd and others – WLR Daily

Posted December 16th, 2011 in abuse of process, contamination, EC law, law reports, waste by tracey

Regina v Ideal Waste Paper Co Ltd and others: [2011] WLR (D)  370

“The absence of guidance relating to the permissible levels of contamination of waste which could legally be exported did not render criminal proceedings an abuse of process on grounds that the charges were so imprecise as to offend the requirements of the common law and of article 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms concerning accessibility and certainty of criminal offences.”

WLR Daily, 14th December 2011