Environmental Agency, Regina (on The Application of) v Lawrence: CACD 6 Nov 2020
Whether sentence correctly set at top of seriousness range in guidelines . .
Whether sentence correctly set at top of seriousness range in guidelines . .
Citations: [2019] EWCA Crim 231 Links: Bailii Statutes: Environmental Permitting Regulations 2010 Jurisdiction: England and Wales Criminal Sentencing, Environment Updated: 16 May 2022; Ref: scu.634200
Issue as to whether jurisdiction lies with the Court of Appeal Criminal Division or with the Administrative Court. If the court were to conclude that the Court of Appeal Criminal Division did not have jurisdiction, then it would have to reconstitute itself as the Administrative Court – counts of knowingly causing or permitting the operation … Continue reading Environment Agency, Regina (on The Application of) v Tapecrown Ltd: CACD 17 May 2018
Judges: Lord Justice Lindblom, Mr Justice Hilliard, and His Honour Judge Flewitt QC Citations: [2020] EWCA Crim 597 Links: Bailii Statutes: Environmental Permitting (England and Wales) Regulations 2010 Jurisdiction: England and Wales Crime Updated: 25 November 2022; Ref: scu.650720
Judges: HH Judge Pelling QC Citations: [2012] EWHC 2361 (Admin) Links: Bailii Statutes: Environmental Permitting (England and Wales) Regulations 2010 Jurisdiction: England and Wales Environment Updated: 08 June 2022; Ref: scu.463792
Citations: [2017] EWHC 458 (Admin) Links: Bailii Statutes: Environmental Permitting (England and Wales) Regulations 2010 Jurisdiction: England and Wales Planning, Environment, Licensing Updated: 27 March 2022; Ref: scu.588829
Appeal from conviction for failing to comply with terms of an Environmental Permit Condition Judges: Gross LJ, Stuart-Smith J, Stockdale QC HHJ Citations: [2017] EWCA Crim 58, [2017] WLR(D) 136 Links: Bailii, WLRD Statutes: Environmental Permitting (England and Wales) Regulations 2010 38(2) Jurisdiction: England and Wales Crime Updated: 09 February 2022; Ref: scu.579619
The company appealed against the sentence imposed on a finding that it was in breach of the 2010 Regulations. It sought to bring new evidence. Held: In sentencing appeals the court will scrutinise intensely any application to give a factual explanation that was not before the sentencing court. The terms of the Criminal Practice Direction … Continue reading Thames Water Utilities Ltd, Regina v: CACD 3 Jun 2015
The campaign company sought judicial review of a decision by the respondent granting permission to develop nearby land as a golf course. Held: The application succeeded. The Secretary of State in preserving the effect of certain policies had also preserved the supporting text and reasoned justification: ‘it makes no sense to preserve naked ‘policies’ shorn … Continue reading Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd: Admn 22 Aug 2013