Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Requirements definition

What does Requirements mean? In Development Consent Order (DCO) practice, Requirements are the binding conditions that regulate how, when and on what detailed terms the authorised development may proceed. They typically oblige the undertaker to submit and secure approval of detailed design, construction, and environmental management documents (for example, CEMP, traffic, landscape, contamination and archaeology plans) before commencement, phased works or operation. The term is used in legislation: section 120 of the Planning Act 2008 permits a DCO to impose “requirements”. In most DCOs they are set out in a schedule (often Schedule 2) and function similarly to planning conditions under the Town and Country...

Appealing health and safety sentences: magistrates’ to Crown Court and CACD routes, procedure and leading authorities on fines, costs and guidelines (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

Practitioners need to be mindful of the procedural steps when contesting sentences in health and safety prosecutions, whether before the Crown Court or the Court of Appeal (Criminal Division). The Court of Appeal has reviewed a range of health and safety sentences and has provided guidance to practitioners on several points, notably the correct approach to sentencing very large companies, public organisations, companies with small operating Profits, and the treatment of prosecution Costs incurred.

Appeal from the magistrates’ court to the Crown Court

Section 108 of the Magistrates Courts Act 1980 (MCA 1980) grants a defendant the right to appeal against conviction, against sentence, or against both the conviction and the sentence imposed by the magistrates’ court. The process for lodging an appeal is set out in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Part 34. See Practice Notes: Appealing a conviction in the Crown Court, Appeal against sentence in the Crown Court, and Starting an appeal in the Court of Appeal Criminal Division (CACD)...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Douglas Scott

6 Pump Court

Doug is a regulatory barrister with particular interest in Environmental, Health & Safety, Food and Planning. He also has significant Crime experience too which compliments his other areas of practice. Doug’s recent work in these areas include:• Advising a client on whether to pursue a claim against the Environment Agency for failing to comply with The Environmental Damage (Prevention and Remediation) (England) Regulations 2015.• Advising an investment fund on the risks under the Health and Safety at Work etc. Act 1974 and the Defective Premises Act 1972 regarding a potential unsafe building.• Junior counsel in a recent animal feed Judicial Review – R (Fold Hill Foods Ltd) v Food Standards Agency [2023] EWHC 2271 (Admin).• Successfully representing a Local Authority in its resistance of a planning appeal that sought permission to construct an 80-bed dementia care home....

Nicholas Ostrowski

Six Pump Court

Nicholas is a member of Six Pump Court chambers and has a specialist environmental, planning, public and regulatory law practice. Nicholas has been appointed to the C Panel of the Attorney General’s List of Counsel and regularly appears for or against central government departments in high profile judicial review challenges to government decisions in the High Court. Nicholas has also been appointed to the Attorney General’s List of Specialist Regulatory Advocates and appears and advises central and local government regulators including the Environment Agency in a range of public, criminal and private law matters. He has particular experience of waste and water offences and has written articles and given lectures on a number of issues in this area. Nicholas's planning law expertise is focussed on representing Local Planning Authorities and developers in Planning Inquiries although he also appears in a range of other courts and...

Web page updated on 28/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...