Miscellaneous: Environment

This practice note provides practical guidance on the procedural aspects of bringing judicial review claims.

A practice note giving an overview of the agri-environment schemes offered by Natural England and the Department for Environment, Food and Rural Affairs (Defra) that are commonly available for rural landowners and tenant farmers. Agricultural land is often entered into agri-environment schemes, which will affect the land and have implications for the both the seller and buyer on a sale of the land. The note also covers other designations of land that may affect the management or sale of agricultural or rural land, including Sites of Special Scientific Interest (SSSIs), Special Areas of Conservation (SACs) and Special Protection Areas (SPAs).

This practice note provides an introduction to the substantive law relating to judicial review.

A short guide to the procedure for appealing to the Court of Appeal.

A short guide to appeals in the county courts, the High Court and the Court of Appeal.

A practice note explaining where to find EU law content from a topic page.

This note considers the situations in which EU law can be invoked in judicial review proceedings, and the impact that general principles of EU law can have on judicial review procedure. It also raises the question of when and whether a court should make an Article 267 reference to the ECJ, and considers the circumstances in which liability for Francovich damages may arise.

This note addresses the issues relating to corruption to consider when acquiring a business or shares in a target company or entering into a joint venture, particularly in light of the Bribery Act 2010.

An outline of the requirements for claims in negligence considering the tort of negligence and actions for breach of a duty of care in contract. This note addresses issues such as causation, foreseeability, pure economic loss, contributory negligence and mitigation.

Articles 107 and 108 of the Treaty on the Functioning of the European Union provide the European Commission with wide-ranging powers to investigate illegally paid subsidies and to order member state governments to recover subsidies which distort the market in favour of state-aided enterprises. This Practice note considers the types of state aids subject to EU rules; the requirements on the part of governments, local authorities and other public bodies to notify state aids to the Commission for prior approval; the remedies that are available to companies affected by unlawful subsidies; the "block exemption" regulations; and state aid notification procedures, as well as recent reforms of the state aid rules.

A review of the legal concepts involved in the formation of binding contracts.

This practice note explains when an individual may claim damages in a judicial review challenging the lawfulness of a public body's action. It discusses the procedural issues that may arise in such a claim and the approach that the Administrative Court may take. Although there is currently no right in law to compensate indviduals who have sustained a loss because of the unlawful administrative actions of a public body, the note discusses the consultation proposals for reform that were put forward (but not pursued) by the Law Commission. 

This note provides practical guidance on how to achieve product safety, including a consideration of : Product safety regulation. Product risk assessments. Recall policies.

The Government has chosen an initial "first wave" of sites in England for the construction of new eco-towns, which will help address the chronic shortage of affordable housing, as well as reduce greenhouse gas emissions from buildings.The new towns are to be designed and built to a high "green" specification to achieve target standards of sustainable living.

An outline of the EU legislative process and its interpretation in the UK.

The note discusses the three devolved legislatures in the UK and the extent to which devolution has introduced new layers of complexity to the UK statute book. The note covers: The extent and application of the three jurisdictions within the UK. How Westminster legislation extends to Scotland, Northern Ireland and Wales.

The Government Construction Strategy, published on 31 May 2011, promised radical changes to construction procurement, cost benchmarking and greater use of standard form contracts in the public sector. The government plans to implement the strategy between 2011 and 2013 and it continues to publish further documents, which follow or dovetail with the strategy. This note refers to that work by, for example, the Innovation and Growth Team (IGT) and Infrastructure UK (IUK).

A note on the Health and Safety (Offences) Act 2008, which increases the maximum penalties for health and safety offences under the Health and Safety at Work etc Act 1974.

A note on the sentencing of health and safety law in England and Wales. The note considers sentencing for health and safety breaches and also sentencing for corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007. It refers to the factors a court takes into consideration when sentencing and general principles of sentencing.

This note tracks implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations) in specific types of litigation. The note links to a separate note dealing with all other recommendations.

This practice note explains the rule under section 3 of the Human Rights Act 1998 that, so far as possible, legislation must be read and given effect in a way compatible with the European Convention on Human Rights. The note explains: The scope of the rule and how it applies to various types of legislation. How the courts have approached its application. The limits of what kinds of interpretation are "possible" to achieve human rights compliance.

These destination tables set out all of the CPR provisions and paragraphs of the practice directions that were amended, revoked or inserted on 1 April 2013, as part of the Jackson/civil litigation reforms.

This practice note considers practical implications of limitation periods and offers tips on how to avoid statute-barred claims.

A note setting out how local authorities in England are governed and make decisions.

A practice note on the measures set out in the Localism Act, which received Royal Assent on 15 November 2011, and their implications for local government. Key measures covered in the note include: The general power of competence. Reforms of the planning system. Changes to local government governance. Reform of the delivery of social housing.  

This note considers the legal, regulatory and reputational risks arising from communications and all forms of document management, including: Monitoring and review. Storage and disposal of documents. Document retention periods.

This note explains what nanotechnology and nanomaterials are and how they are regulated.

An overview of the main changes to the planning system introduced by the National Planning Policy Framework (NPPF). The NPPF came into force on 27 March 2012.

This note outlines the EU's ordinary legislative procedure (formerly co-decision procedure) and its history.

This practice note explains the aspects of the Planning Act 2008 that are most relevant to environmental lawyers, including the system for development consent for nationally significant infrastructure projects (NSIPs) and National Policy Statements (NPSs).

A note on National Policy Statements introduced by the Planning Act 2008.

This note covers the essential characteristics of a planning obligation. A planning obligation may either be contained in an agreement between a local authority and a developer under section 106 of the Town and Country Planning Act 1990 (Section 106 agreement), or may be set out in the form of an undertaking made by the developer alone (unilateral undertaking).

An outline of the law of professional negligence. This note considers: The requirements for claims in contract and tort. The application of the SAAMCO principle. The Bolam test. Contributory negligence. Contribution. The use by professionals of exclusion clauses to limit liability.

A note on the Protection of Freedoms Bill which received Royal Assent on 1 May 2012 to become the Protection of Freedoms Act 2012.

A note on the various types of quasi-legislation and how they should be treated.

This practice note summarises, from an English law perspective, the key provisions of Regulation 593/2008 on the law applicable to contractual obligations (Rome I). It highlights the main changes from the rules contained in the Rome Convention on the law applicable to contractual obligations of 1980 (Rome Convention).

The Solicitors Regulation Authority has issued a new Handbook, including a new Code of Conduct, which is prompted by the possibility of Alternative Business Structures (ABSs) opening for business from 6 October 2011. The Handbook is being introduced on a phased basis, beginning in August 2011. The key implementation date was 6 October 2011. This practice note explains the background to the new Handbook and its structure. For information on how the new Handbook and Code of Conduct will affect common aspects of property transactions, see Practice note, SRA Handbook 2011 and Code of Conduct: issues for property lawyers.

The Solicitors' Code of Conduct 2007 and all other existing Solicitors Regulation Authority (SRA) rules have been rewritten and reformatted into a new SRA Handbook. The date for implementation of the Handbook is currently scheduled to be 6 October 2011. This Practice note highlights the ten key points that in-house lawyers need to consider in advance of its introduction.

A practice note on sustainable public procurement, including details of the legal framework, tips on how to take account of sustainability issues in the tender process and the background to the sustainability agenda.

This Practice note examines the impact of the Treaty of Lisbon on the decision-making procedures and substantive policies of the European Union.

An overview of the money laundering and terrorist financing offences set out in the Proceeds of Crime Act 2002 (POCA) and the Terrorism Act 2000 (TACT) respectively. POCA and TACT form part of the UK's anti-money laundering (AML) and counter-terrorist financing (CTF) regime.

This note sets out: An overview of the devolution of environmental legislative and executive competence to the National Assembly for Wales (NAW) and the Welsh Government (WG). The key areas where the NAW and the WG are developing separate environmental policies and legislation for Wales.

A note outlining the protection given to whistleblowers at work in Great Britain, including the elements that make up a protected disclosure, issues of causation and burden of proof, and practical tips for bringing and defending claims. For a strategic approach to minimising the problems associated with whistleblowing in the workplace, see Practice note, Effective whistleblowing policies.