Legal Updates
Keep up to date with recent legal developments
Temporary EA Rules on waste exceeding storage limits due to Covid-19
The EA has released a new Regulatory Position Statement (RPS C2) on waste storage limits during Covid-19, which runs until 30 September 2020 unless the [...]
COVID-19: European Commission Guidance on continuation of waste shipments across the EU
On 30th March, the European Commission published Guidance to ensure the continuation of waste shipments across the EU while maintaining a high level of [...]
Court of Session reinforces ‘equivalence’ between Building Contracts and Collateral Warranties
In the case of British Overseas Bank Nominees Ltd and others v Stewart Milne Group Ltd (10 September 2019), the Inner House of the [...]
Brexit: new 2019 Withdrawal Act seeks to exclude No Deal exit
The European Union (Withdrawal) (No. 2) Act 2019 became law on 9 September 2019, imposing a legal obligation on the Prime Minister to request [...]
Electronic signatures on contracts?
When is it sufficient to constitute a contract using electronic signatures? This is often a source of uncertainty. Therefore, the latest Law Commission report [...]
Conservation Covenants for landowners?
A new statutory scheme is being introduced in England under the Environment (Principles and Governance) Bill, expected in October 2019. A conservation covenant is [...]
Changes to Standard Rules Environmental Permits for Medium Combustion Plant and specified Generators
The Environment Agency had published its response to consultation on changes to Standard Rules for Environmental Permits for medium combustion plant and specified generators [...]
Proposed new UK Plastic Packaging Tax
The UK Government's proposes to introduce, from April 2022, a world-leading new tax on the production and import of plastic packaging with less than [...]
New High Court ruling on Habitats Regulations appropriate assessment: Wingfield v Canterbury City Council
The High Court has recently clarified the law on Habitats Regulations appropriate assessments where outline planning permission and reserved matters decisions overlap under Habitats [...]
Updated Planning Practice Guidance on Habitats Regulations Assessment
The Ministry of Housing, Communities and Local Government (MHCLG) has published updated Planning Practice Guidance on Appropriate Assessments to bring English law into line [...]
High Court rulings on developments blocked by the Habitats Directive – with different results
The High Court has applied a recent ECJ ruling under the Habitats Directive to two developments, with different results in each case, one of [...]
Environment Agency Regulatory Position Statements on dealing with radioactive substances and waste following Brexit
On 1 April 2019, the Environment Agency published Regulatory Position Statements (RPSs) under the environmental permitting regime, relating to limits on radioactive materials in environmental [...]
European Court rules on assessment criteria for hazardous v. non-hazardous waste
On 28 March 2019, the European Court of Justice (ECJ) handed down a ruling which clarified the obligations of waste holders in ‘grey area’ situations [...]
European Parliament approves Law banning Single-Use Plastics
The European Parliament has approved (27 March) a new law banning single-use plastic items The law means member states will have to achieve a 90% [...]
No-deal Brexit: chemicals and REACH regime – Government Guidance on new UK IT service
On 25 March 2019, the UK Government published guidance on how businesses can register on its new UK IT service for chemical regulation. This is [...]
Floods and Water (Amendment etc.) (EU Exit) Regulations 2019
TheFloods and Water (Amendment etc.) (EU Exit) Regulations 2019 were made on 20 March 2019 and will come into force on Exit Day. The Regulations make [...]
Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019
The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019were made on 19 March 2019 and will come into force on Exit Day. The Regulations cover UK [...]
International Waste Shipments (Amendment) (EU Exit) Regulations 2019
The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 were made on 14 March 2019 and will come into force on Exit Day. The Regulations make minor [...]
Court of Appeal interprets “treatment” of waste strictly
The Court of Appeal has applied a strict interpretation of the concept of “treatment” of waste under the Waste Framework Directive in a case involving [...]
Supreme Court ruling on implied terms in business contracts reverses Court of Appeal
We report a Supreme Court ruling in a commercial contract case because of its wider contractual implications in our areas of practice. The Supreme Court has [...]
No-deal Brexit: Government Guidance on importing and exporting waste
On 11 February 2019, DEFRA published Guidance on importing and exporting waste if there is a no-deal Brexit The new waste guidance largely confirms the [...]
Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019
The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 were laid before Parliament on 7 February 2019, under section 2 of the European Communities Act [...]
Regulations establish a new UK regime for nuclear safeguards after Brexit
The Nuclear Safeguards (EU Exit) Regulations 2019and the Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019were made on 7 February 2019 [...]
European Chemicals Agency Guidance on application of EU Chemicals (REACH) Regulation in no-deal Brexit
On 8 February 2019, the European Chemicals Agency (ECHA) published guidance on the EU regulation of chemicals in a no-deal Brexit. The guidance states that [...]
Criminal offences for obstructing EA officers – High Court ruling draws the boundaries
The High Court has recently ruled on an area of law which is very sensitive for employees of regulated operators – just what are your [...]
Tyre bales used in civil engineering projects and landfill infrastructure works: EA updates Regulatory Position
RPS 85 is a regulatory position statement that applies if you want to store and use PAS 108 tyre bales in civil engineering projects or [...]
Excavated waste from utilities installation and repair: EA updates Regulatory Position
RPS 211 is a regulatory position statement that applies to businesses who deal with excavated waste from unplanned utilities installation and repair works. The updated RPS [...]
Changes to Environment Agency industrial and waste permitting compliance assessments
Environment Agency publishes guidance on assessing compliance in move to performance-based regulation of Environmental Permitting regime On 14 January 2019, the Environment Agency published streamlined [...]
Recognition of English Courts in choice of law clauses after Brexit
The UK accedes to Hague Choice of Court Convention in its own right The UK has acceded to the Hague Convention on Choice of Court [...]
Environment Agency confirms revised Standard Rules for Environmental Permits for specified low-risk generators
The EA has published its decision on proposals to revise the standard rule set (SR2018 No 9) for natural gas generators that are combined heat and [...]
Heavy fine for raw sewage escape
Thames Water fined £2 million following conviction for avoidable release of raw sewage On 21 December 2018, Thames Water was fined £2 million by Oxford [...]
European Council adopts Clean Energy Package legislation
The EU ‘Clean Energy for All’ package of legislation on Energy Efficiency, Renewables and Energy Union Governance is now in force On 21 December 2018, [...]
Environmental Liability Directive: Notice of Liability under English Regulations
The Environment Agency has issued a Notice of Liability under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 demanding an operator provide remediation proposals [...]
Post-Brexit Environment (Principles and Governance) Bill
The UK Government has published draft environmental principles and governance provisions for the new Environment Bill, policy paper and consultation response On 19 December 2018, [...]
European Commission Brexit ‘No Deal’ Contingency Action Plan
The European Commission has adopted a Communication and package implementing its No Deal Contingency Action Plan On 19 December 2018, the European Commission adopted a [...]
Geological disposal of radioactive waste
The Government publishes final policy document and consultation response on the geological disposal of radioactive waste On 19 December 2018, the Department for Business, Energy [...]
High Court overrules Secretary of State to allow opencast coal mine to proceed
The High Court has overruled the Secretary of State's refusal of planning permission for a surface mine for coal extraction in Northumberland on the grounds [...]
Developer’s beware: more strict European Court rulings on ecological assessment
The European Court of Justice has handed down a judgment in an Irish case - Holohan and others v An Bord Pleanala (Case C-461/17) (7thNovember [...]
Corporate environmental reporting obligations: new Regulations
On 9th November 2018, the Companies (Directors' Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018 were published, amending the Large and Medium-sized Companies [...]
Waste exports from the UK to the EU after No Deal Brexit: European Commission warning
The European Commission has issued a ‘notice to stakeholders’ aimed at reminding business of the complications arising for waste movements from the UK to the [...]
High Court ruling on waste to energy permit highlights perils of judicial review of EA decision-making
The High Court has dismissed an application for judicial review by a pressure group seeking to quash the Environment Agency's decision to grant an environmental [...]
Another High Court ruling on perils of imprecise drafting even in standard clauses
A recent High Court ruling exposed fault lines between different clauses in a share purchase agreement which highlight again the need for very precise drafting [...]
Autumn 2018 Budget: environmental provisions
On 29 October 2018, the government delivered the Autumn 2018 Budget. The key environmental announcements are set out here Carbon price support (CPS) and climate [...]
Chemicals classification, labelling and packaging in a no-deal Brexit
On 12 October 2018, the UK government published a technical notice on how a no-deal Brexit may impact on the regulation of the classification, labelling [...]
Continuity of waste shipments after no-deal Brexit
On 12 October 2018, the UK government published a Technical Notice a on how the continuity of waste shipments between the UK and the EU [...]
Letters of intent and the dangers of rushing into work without a contract
A recent Court of Appeal ruling has highlighted the dangers of letters of intent and other communications between parties to a contract not yet formally [...]
Environment Agency extends regulatory relaxation on waste wood
The Environment Agency has extended until 30 September 2019 its regulatory position statement (RPS) 207 on classifying waste wood from mixed waste wood sources. This [...]
EU Chemicals regulation and No-deal Brexit: UK Government technical notice
The UK government has publisheda Technical Notice on how a no-deal Brexit may impact on the regulation of UK chemical companies and those importing chemicals [...]
Scottish Court of Session enforces EU waste law over domestic corporate insolvency law
A recent ruling of theScottish Court of Session in essence applied the EU Treaty obligations of the UK to override what many considered to be [...]
New HMRC Landfill Tax Guidance – disposals to unauthorised sites
HMRC has published new website guidance about landfill tax (LFT) on waste disposed of at unauthorised sites, including specifically details of what is considered to [...]
End of Waste and the waste hierarchy in England: a further judicial set-back
A recent High Court decision maintains the unfair ‘stacking of the decks’ against industrial operators who need commercial certainty on their End of Waste products, [...]
Site investigations and other professional services: nail the remit
The BDW Trading case reported yesterday (below) follows on from a Hight Court decision from last year on the perils of vague drafting when it comes [...]
Site investigations and other professional services: make it contractual
A recent Hight Court decision reminds us of the perils of relying on professional reports and services when you do not have a contract with [...]
Net contribution clause upheld by High Court on a property development
So-called ‘net contribution’ clauses are often contentiously debated at the drafting stage when framing professional and building contracts for a development. An example of one [...]
Court of Appeal ruling on migration liability and the concept of ‘damage’
A recent Court of Appeal decision provides a further warning for landowners and developers about the liability exposure to adjoining owners for the migration of [...]
End of Waste: Environment Agency re-opens Definition of Waste Panel
On 26 June 2018, the Environment Agency reopened its definition of waste service and published guidance on how to use the service. There is now [...]
Contracts: limitations of exclusion clauses where failure of disclosure
A recent Court of Appeal decision highlights the pitfalls of assuming that an ‘exclusion of representation’ clause will work in all circumstances, in a case [...]
EU Circular Economy Legislative package published
The so-called “circular economy” is generally defined as an industrial economy that aims to keep resources in use for as long as possible to achieve [...]