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For offences under the Environment Act 1995 (EA 1995), the Environment Agency and Natural Resources Wales may impose a range of criminal or civil sanctions... Obstruction of an officer It is an offence to intentionally assault, hinder or obstruct an authorised person when they are exercising or performing their powers or duties. Where those powers or duties concern a person authorised by the Environment Agency or Natural Resources Wales in relation to a water or sewage undertaker, or a water supply or sewage licensee, any offence contrary to EA 1995, s 110(1) is punishable as follows: On summary conviction: an unlimited fine and/or imprisonment up to the general limit in a magistrates’ court On conviction on indictment: an unlimited fine or up to two years’ imprisonment, or both See Practice Note: Sentences imposed following conviction-General limits on magistrates’ courts powers to impose custodial sentences following conviction. If such an offence is committed by a body corporate with the consent or connivance...
Is land contamination an issue? According to the Law Society’s practice note on contaminated land, solicitors ought to assess potential contamination in every conveyancing matter they handle. It explains that, while only a minority of deals will be materially affected, practitioners must remain alert to possible environmental liabilities and think carefully about the enquiries and specialist support their clients might need—see Practice Note: Land contamination—Law Society practice note on contaminated land. Notably, the note summarises the contaminated land framework set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990), including a concise explanation of who bears responsibility for remediation of contaminated land. Beyond clean-up obligations imposed under the EPA 1990, Pt IIA, contamination can also give rise to the following liabilities: clean-up duties under other regulatory schemes, eg environmental damage, works notices, or environmental permitting regimes civil claims, eg nuisance, negligence, or breach of contract criminal exposure, eg non-compliance with a remediation notice Refer to Practice Note: Environmental...
In this issue: Criminal liability Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Local authority prosecutions Money laundering Other corporate crime and crime related news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal liability Environment Agency publishes modern slavery report 2022–25 The Environment Agency (EA) has released its modern slavery report covering September 2022 to March 2025, produced in accordance with section 54(5) of the Modern Slavery Act 2015 (MSA 2015). The report showcases the EA’s work with the Slave-Free Alliance, marking the first partnership between a public sector organisation and the social enterprise. Developments of note include strengthened procurement...
Editor’s note Welcome to the closing 2024 instalment of the Public Law case law quarterly, reporting on the year’s fourth quarter and bringing the year to a close with this quarter’s developments. We open with the Supreme Court’s ruling in Skykick, where the Justices confirmed that the EU Trade Mark Regulation applies directly in the UK as a matter of continuity to ongoing actions already on foot before a UK court designated as an EU trade mark court prior to IP completion day, and that such courts retain their pre‑Brexit jurisdiction in those matters. We then turn to UKSC decisions in McAleenon, holding that neither criminal nor standard civil proceedings provide adequate alternative remedies for a claimant seeking to compel regulators to discharge their duties, and in JR222, where the Supreme Court addressed the standard a minister should apply when deciding whether to pause a public inquiry amid an active criminal investigation or case. Finally, we examine the Court of Appeal’s judgments in Save Stonehenge, which, alongside issues of...
In this issue: Banking and finance Competition and state aid Corporate Free movement, immigration and employment Financial services Energy Environment Insurance and insurance IP Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers Banking and finance AML/CTF—EBA issues opinion on risks to the EU financial sector The European Banking Authority (EBA) has released its 2025 Opinion on anti‑money laundering and counter‑terrorist financing (AML/CTF) risks across the EU financial sector. Using evidence from 52 competent authorities and insights from the EBA’s EuReCA database, it shows how fast‑paced innovation, regulatory change and adapting criminal behaviour are reshaping AML/CTF risk. While certain industries have strengthened safeguards, others—especially those linked to developing technologies—remain highly exposed. The EBA urges consistent roll‑out of the new EU AML/CTF framework and confirms that the Guidelines on sanctions compliance will take effect on 30 December 2025. See: LNB News 28/07/2025 12. ...
Restriction notices Section 109A of the Environment Act 1995 (EA 1995) authorises the Environment Agency (EA) and Natural Resources Wales (NRW), in England and Wales, to issue a notice that restricts access to premises and the importation of waste into those premises for up to 72 hours, by serving a restriction notice, where there is a risk of serious pollution to the environment or serious harm to human health arising from the treatment, keeping, deposit or disposal of waste, and where issuing the notice is necessary to prevent that risk from continuing. For information on the EA’s other powers to investigate criminal offences, see Practice Note: Environment Agency—powers to investigate environmental crime. For information on NRW’s other powers to investigate criminal offences, see Practice Note: Natural Resources Wales—powers to investigate environmental crime. Restriction notices are available only for use by the EA and NRW. Before issuing a restriction notice, the EA or NRW must make reasonable efforts to inform the occupier and the owner of the premises that the...
A certificate of lawfulness for proposed works under section 26H of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) provides formal confirmation that intended works of alteration or extension—though not demolition—affecting a listed building in England do not need listed building consent, because they do not impact the character of the listed building as a building of special architectural or historic interest. As a result, such works are not liable to enforcement action under P(LBCA)A 1990, s 38. Refer to the Practice Notes: Listed building regime and listed building consent in England, and Listed buildings enforcement and criminal liability regime in England. Certificates are available only for works that have not yet been carried out—they cannot be secured retrospectively. Is there an obligation to obtain a certificate? There is no duty on any person to seek a certificate, nor any statutory requirement to apply. If an individual is satisfied that the planned works do not require listed building consent, they may proceed without any confirmation...
Updated in December 2025 Introduction Canada offers a steady, reliable and broad-based economy. It is the fourteenth-largest globally by total GDP, has a banking sector regarded as among the safest worldwide, and ranks within the top four G20 nations for ease of starting and running a business. Over the past decade, rapid expansion has created a strong operating climate, marked by the G-7’s lowest net debt-to-GDP and its most pro-business tax regime. With advantages including swift, dependable access to the vast North American marketplace via the United States–Mexico–Canada Agreement (CUSMA), modest operating costs and corporation tax, and a highly skilled, well-educated talent pool, Canada’s performance routinely surpasses that of many other industrialised economies. Businesses can be structured in several forms in Canada. This Practice Note sets out key issues a new business should weigh before commencing operations in Canada. It is not comprehensive; bespoke Canadian legal and tax advice should always be obtained before conducting business in Canada. Canada consists of ten provinces and three territories...