What does Environment mean? In legal practice, environment refers to the natural media and the living systems potentially affected by a project, operation or emission. UK environmental legislation commonly defines it as including air, water and land, and any living organisms (including humans) and ecosystems supported by those media. Similar formulations are used across England & Wales, Scotland and Northern Ireland, and in Irish environmental legislation; exact wording varies by statute and context, but usage is broadly consistent. Where a regime provides a definition, courts apply that text; where it does not, the term carries its ordinary meaning. The concept sets the scope of regulatory...
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The previous flood defence consent regime, in place until 6 April 2016—the commencement date of the environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016, SI 2016/475—governed activities on or close to a main watercourse or sea defence by reference to Part IV of the Water Resources Act 1991 (WRA 1991), regional byelaws, and the Highways Act 1980 (HiA 1980). Consent was needed to ensure proposed works did not raise flood risk, impair flood defences, or adversely affect the environment, fisheries, or wildlife. A defence applied where works were carried out in an emergency, and there was also an exception to the need for flood defence consent where the works comprised a licensable marine activity and specified circumstances prevailed. The prior framework was widely regarded as unduly complicated and burdensome. For background on the earlier flood defence consent system, see Practice Note: Flood defence consents [Archived]. From 1 January 2017, the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 took effect. EPR 2016 consolidated, and revoked, the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675, which had been amended many times. EPR 2016 now forms the principal legislation in this...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
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 ...
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 ]...