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News: January 2016

R (on the application of Tarmac Aggregates Ltd) v Secretary of State for Environment Food and Rural Affairs and the Environment Agency [2015] EWCA Civ 1149  A recent Court of Appeal decision, in which Freeths acted for the successful appellant, has considered the important definition of “waste recovery” (as distinct from waste disposal) in the […]

Following commencement of the Law Commission’s project in 2011/2012 and the publication of an interim report in October 2013, the Law Commission has now published its final report (dated 10 November 2015) on its review of Wildlife Law. The review has focussed on the existing legal regimes for protected species and has not considered the […]

The case of Jedwell v Denbighshire County Council and others explores some of the legal and procedural requirements relating to Environmental Impact Assessment screening opinions. A screening opinion will set out the Local Planning Authority’s view as to whether a proposed development should be subject to Environmental Impact Assessment (EIA). EIA will be required either […]

The case of R (on the application of Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales [2015] EWHC 3578 (Admin), 17 December 2015 is an important first ever High Court case regarding the Environmental Liability Directive 2004 (ELD 2004) and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (2009 Welsh ED Regulations). […]

Some of you may have read the article by Penny Simpson “Meeting the favourable conservation status for European Protected Species: A different approach” in the September 2015 edition of CIEEM’s journal “In Practice”. The article scrutinised the “site based” approach to GCN licensing set out in Natural England’s GCN Mitigation Guidelines. It suggested that a […]

It has been over a decade now since the EU Water Framework Directive 2000 (2000/60/EC) (WFD) was implemented into English law. But there have long been critics of the effectiveness of that implementation and with the passing of some critical deadlines at the end of 2015 and a recent case questioning whether the regulators were […]

A recent and relatively rare case on collateral warranties Bloomberg LP v Malling Pre-Cast Ltd [2015] EWHC 2858 (TCC) looked at the scope of limitation clauses and apportionment of liabilities between various contractors – or warrantors – on a project. Those involved in construction or environmental remediation projects are likely to be familiar with the concept […]

Kelly v Covance Laboratories Ltd [2015] Facts Mrs Kelly was employed in a role which involved carrying out animal testing at Covance Laboratories.  The company had received unwelcome attention from animal rights activists (including violent assaults on some of its employees) and due to Mrs Kelly’s conduct during her probationary period there were genuine concerns […]

The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 were made on 14 December 2015 and came into force on 11 January 2016. The Regulations provide a remedy for workers on zero-hour contracts which include an exclusivity clause.  Such clauses are already unlawful but now workers are protected from  being dismissed and subjected to […]

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