The Mobile Air-conditioning Systems Directive 2006/40/EC—snapshot

Laura Bolado of Andes Legal Consulting Ltd provides comprehensive and up to date legal information covering: The Mobile Air-conditioning Systems Directive 2006/40/EC, Brexit and more. Read more

  NEWS

Jun 24, 2022

Environment Agency prosecution secures £1.5m fine against makers of Cathedral City cheese for pollution offences

A Cornwall creamery behind cheese brands such as Cathedral City has been fined £1.5m - the largest fine ever awarded for an Environment Agency (EA) conviction in the South West.
Jun 21, 2022

Local authority enforcement in private rented sector “more reactive than proactive” amid concerns over barriers faced and lack of capacity

Local authorities face significant barriers to tackling poor conditions in the private rented sector, resulting in an uneven picture of enforcement, a study commissioned by the Department for Levelling Up, Housing and Communities (DLUHC) has found.
Jun 17, 2022

White paper confirms plans to implement ban on section 21 'no fault' evictions but councils urge government to go further

Councils have welcomed publication of the Fairer Private Rented Sector White Paper including the proposed outlawing of ‘no-fault’ section 21 evictions but called on the Government to go further in tackling insecure and unfit housing.
Jun 16, 2022

Divisional Court rejects bid by major retailer to have knife sale case thrown out as abuse of process

Retailer Argos has failed in a bid to have proceedings brought against it by London Borough of Barking & Dagenham stayed as an abuse of the process of the court.
Jun 15, 2022

Defendant found guilty of environmental offences after being caught burning waste by MOD helicopter

Wiltshire Council has successfully prosecuted a local resident for environmental and trading standards offences whilst he was operating a waste clearance service on Facebook selling sites across the county.
Jun 13, 2022

Capsticks bolsters health and justice team with four-strong team

Law firm Capsticks has bolstered its specialist health and social care national inquest team with the arrival of four lawyers from DWF.
Jun 09, 2022

Private rented sector landlords letting one property “less likely to comply with legal requirements”: report

Landlords with smaller property portfolios are the least likely to be compliant with legal requirements on lettings, research for the government has found.
Jun 09, 2022

Landlord partially succeeds in appeal over imposition of financial penalty for breach of selective licensing conditions

A Liverpool landlord has won one of two appeals he made over final notices served under Part 3 of the Housing Act 2004.
Jun 08, 2022

Reintroduction of imperial measurements may increase burden on enforcement, trading standards body warns

The Chartered Trading Standards Institute (CTSI) has said it still has "significant reservations" over proposals to adopt imperial measurements in response to a Government consultation on the issue.
Jun 01, 2022

Vehicle breaker business owner hit with order to pay £31,000 over waste offences

A Conwy man has been ordered to pay £31,690 after pleading guilty to three waste charges involving disposing of waste material without the correct permit.
May 16, 2022

Council prosecution sees building materials company hit with £400k fine for health and safety offence

A prosecution brought by Thanet District Council has seen a building materials company fined £400,000 over an incident that left one employee with life-changing injuries and a second suffering from deep cuts and lacerations.
May 11, 2022

County council fined £50k over Hand Arm Vibration issues in highways department

Lancashire County Council has been fined £50,000 after several employees carrying out work in its highways department developed Hand-Arm Vibration Syndrome (HAVs).

  FEATURES AND ANALYSIS

January 21, 2022

Planning enforcement orders and mixed use

The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.
January 04, 2022

Property guardianship companies and HMO licensing

Property guardianship companies and a director were recently held liable for failing to licence premises as a House in Multiple Occupation (HMO). Tara O’Leary explains the ruling.
October 08, 2021

Harmful emissions and human rights duties

Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.
July 23, 2021

How to ensure better protection for tenants around the country

Shona Ali looks at worrying recent trends in relation to illegal evictions and sets out what local authorities can do to combat the problem.
July 22, 2021

Food advertising

This LexisNexis Practice Note, produced in partnership with Katrina Anderson of Osborne Clarke, considers the law and practice applicable to food advertising to consumers.
July 09, 2021

Confiscation and enforcement notices: the roll-back from Panayi

Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.
June 25, 2021

The Funeral Market Investigation Order 2021

The Competition and Markets Authority has this month published its Funeral Market Investigation Order 2021. V. Charles Ward looks at how bereavement-service managers can comply with new regulatory requirements.
May 28, 2021

Met Police press release libel claim dismissed following trial

The High Court has dismissed a claim brought over a Metropolitan Police press release, upholding defences of truth and no serious harm at trial, writes Gervase de Wilde.
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 MORE NEWS

Apr 28, 2022

DEFRA and Environment Agency not gathering enough data to tackle fly-tipping, report suggests

The Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency (EA) are not collecting enough data to properly tackle fly-tipping and other waste crime, a report from the National Audit Office (NAO) has found.
Apr 27, 2022

DLA Piper hires partner to head up UK Contentious Public Law team

DLA Piper has appointed Emma Dowden-Teale as a partner to head its UK wide Contentious Public Law team, that sits within the firm's wider Litigation and Regulatory practice.
Apr 07, 2022

North West council fined £8,000 for undertaking cliff stability works without marine licence

Wirral Metropolitan Borough Council has been ordered to pay more than £11,000 in fines and costs after admitting that it carried out works without obtaining a marine licence from the Marine Management Organisation.
Apr 04, 2022

Man jailed for fraudulent attempt to claim £25k Covid grant

A Neath man received custodial sentences totalling 24 months at Swansea Crown Court last week, in connection with a fraudulent attempt to claim a £25,000 Covid grant aimed at helping businesses stay afloat during lockdown.
Mar 18, 2022

Parliament was not given enough of a say on Coronavirus Act, MPs conclude

The cross-party Public Administration and Constitutional Affairs Committee has expressed "concerns" over Parliament's inability to properly scrutinise and amend emergency provisions in the Coronavirus Act 2020 over the last two years.
Mar 15, 2022

Landlord couple ordered to pay £27,000 after renting property 'not fit for human habitation'

Husband and wife landlords whose tenants had to live with no heating, broken fire safety equipment and raw sewage outside their Northwood property have been ordered to pay £27,000.
Mar 10, 2022

Serial fly-tipper jailed after three councils pool legal resources and bring joint prosecution

A joint prosecution by three councils has seen a serial fly-tipper sentenced to 21 months in prison and his van seized.
Feb 22, 2022

Council prosecution sees fly-tipper receive 15-month custodial sentence

A Leeds resident has been sentenced to a 15-month custodial sentence after pleading guilty to six counts of fly-tipping and one duty of care offence at Leeds Crown Court.
Feb 21, 2022

School fined £30k for health and safety failings after mountain rescue team called to evacuate children

A school has been fined £30,000 after a group of pupils had to be rescued by Keswick Mountain Rescue Team from Helvellyn in the Lake District after becoming stranded in winter conditions.
Feb 18, 2022

London borough hit with regulatory notice after breaching ‘Home Standard’

The London Borough of Barking and Dagenham breached the 'Home Standard' and, as a consequence, there was the potential for serious detriment to its tenants, the Regulator of Social Housing (RSH) has found following a self-referral by the council.
Feb 17, 2022

Resident ordered to pay £5k+ in fine and costs after council prosecution over untidy and overgrown garden

A local resident who failed to address the amount of rubbish and items in his overgrown garden has been ordered to pay more than £5,000 in a fine and costs, following a prosecution brought by Bromley Council.
Feb 04, 2022

Claimants in European Court of Human Rights bid after Supreme Court refuses permission to appeal in dispute over approach of regulator to landfill site

The Supreme Court has refused the family of a five-year-old boy permission to appeal in a dispute over the Environment Agency’s regulation of a landfill site near his home, saying that the application “does not raise an arguable point of law in the context of this case”.
Jan 26, 2022

Mobile home park owner and company ordered to pay £33k in fines, compensation and costs following council prosecution

Winchester City Council has successfully prosecuted the owner of a mobile home park following reports of harassment and failure the keep the land in a suitable condition for residents.
Jan 20, 2022

Bakery handed £26k fine after dishwasher pollutes stream

A Natural Resources Wales (NRW) prosecution has seen a bakery fined for polluting a stream with its dishwasher.
Jan 20, 2022

Leading regulatory crime barrister joins 2 Hare Court

Richard Heller, an established figure in trading standards and food safety work, has joined leading set of chambers, 2 Hare Court.
Jan 18, 2022

Council leader issues second statement on £4m food safety “abuse of process” settlement, defends former chief executive at predecessor authority

The Leader of North Northamptonshire has issued a second statement in a bid to clarify its decision to pay £4m to a publican who alleged abuse of process in a food safety case brought against him by East Northamptonshire District Council more than 20 years ago, and to defend a former chief executive.
Jan 18, 2022

Magistrates to have power to impose year-long prison sentences in latest bid to tackle Crown Court backlog

The maximum 6-month prison sentence that can currently be handed out by Magistrates is to be doubled to a year, Justice Secretary Dominic Raab has announced.
Jan 18, 2022

High Court declaration in case concerning landfill site regulation by Environment Agency “went beyond the scope of the court’s functions”: Court of Appeal

A declaration by a High Court judge, which required the Environment Agency to achieve prescribed outcomes within a prescribed timetable in relation to a landfill site, went beyond the scope of the court's functions in dealing with a claim that the regulator was acting incompatibly with the Convention rights of a five-year-old boy with serious health problems, the Court of Appeal has ruled.
Jan 17, 2022

Welsh Government promises "one clear legal framework" with implementation of Renting Homes (Wales) Act in July

The Welsh Government intends to implement the Renting Homes (Wales) Act 2016 on 15 July, Climate Change Minister Julie James has confirmed.
Jan 17, 2022

Unlicensed puppy trader ordered to pay £100,000 after council prosecution

An unlicensed puppy trader has been ordered to pay £100,000 for placing misleading adverts, following a prosecution prepared and presented by Telford and Wrekin Council’s legal services department.
Jan 13, 2022

Council prosecution sees dog breeders ordered to pay £450k+

A couple who illegally bred dogs have been ordered to pay more than £450,000 following a successful prosecution by Vale of Glamorgan Council.
Jan 07, 2022

Council agrees to pay £4m damages and costs to publican on rare abuse of process grounds after 20-year legal fight

North Northamptonshire Council has agreed to pay "substantial damages" to a publican who alleged abuse of process in a food safety case brought against him by a predecessor authority more than 20 years ago.
Dec 21, 2021

Environment Agency wins appeal over regulation of landfill site

The Court of Appeal has allowed the Environment Agency’s appeal in a claim brought by a five-year-old boy with a chronic and serious respiratory condition who lives near a landfill site.
Dec 16, 2021

Swansea cinema owner pleads guilty to being in contempt of court following Covid passport dispute

The owner of an independent cinema in Swansea has admitted to being in contempt of court after a dispute over Covid passports.
Dec 16, 2021

CPS withdraws case against pastor fined for hosting service in car park during national lockdown

The Crown Prosecution Service has withdrawn a case against a Christian pastor who was fined £16,000 for holding a church service for the homeless during the third national lockdown.
Dec 14, 2021

Welsh council bolts cinema entrance shut after failure to follow closure order

A cinema at the centre of a dispute surrounding Covid-19 vaccination passports has had its shutters bolted shut by Swansea Council after refusing to heed a closure order.
Dec 10, 2021

Councils and central government failing to secure safe housing in private rented sector, spending watchdog finds

Tenants in the private rented sector are suffering from poor safety standards due to ineffective regulation and enforcement from local authorities and the Department for Levelling Up, Housing and Communities (DLUHC), a report from the National Audit Office (NAO) has found.
Dec 08, 2021

Landlords hit with £187k fine after failing to license houses in multiple occupation

A pair of landlords have been fined £187,000 over their failure to license houses in multiple occupation (HMOs), after a four-year legal battle with Waltham Forest Council including two judicial reviews.

  MORE FEATURES

May 07, 2021

The death of Panayi

Roderick Morton analyses an important Court of Appeal ruling for planning enforcement lawyers in relation to confiscation cases.
April 23, 2021

Fighting fire with fines

Even before the tragedy of what happened at Grenfell Tower on 14 June 2017 there could be no doubt that no limit can be put on the personal costs of a fire. The Government has now stated that the same can be said for the financial costs, writes Natalie Puce.
February 12, 2021

Closing gyms during lockdown

Sarah Clover recently supported a city council in closing down a gym which opened persistently in contravention of Coronavirus Regulations and the lockdown restrictions. She explains what this involved.
January 08, 2021

Covid-19 Regulations – the enforcement role of local authorities

Horatio Waller looks at defining the enforcement role of local authorities and best practice on ‘designating’ officers for enforcement purposes.
January 06, 2021

Lockdown III: The Impact on Businesses

Gary Grant analyses the new regulations behind the government's latest national lockdown.
December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 20, 2020

The Tier 4 Regulations: impact on businesses

Gary Grant sets out the key points for businesses from the Government's regulations implementing the new Tier 4.
December 07, 2020

All Reasonable Measures: tidying up the Coronavirus, Restrictions Regulations and the law of unintended consequences

Charles Holland looks at how a “tidying up” amendment in the new All Tiers Regulations has removed an important obligation on the operators of a significant class of premises in Tier 3.
December 04, 2020

The Standard of Proof in Inquests

Jonathan Landau examines the implications for local authorities of the Supreme Court's ruling in the Maughan case.
November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
October 22, 2020

Coronavirus: Regulation of business & enforcement of the three tier system

In this webinar, David Comb examines the National Three Tier system of regulating business activity in response to the Coronavirus pandemic, including enforcement of the regulations.
September 25, 2020

Proportionality and the Regulator’s decision to prosecute in the time of Coronavirus

Has the public interest test for prosecution been changed in the regulatory context by COVID-19? James Puzey analyses the issues.
September 18, 2020

Decisions whether to prosecute

Ben Williams sets out the general principles when it comes to decisions to prosecute.
June 26, 2020

COVID-19 & RIDDOR for care providers

Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.
May 22, 2020

The end of R v Ghosh and the new test for criminal dishonesty

A recent judgment of the Court of Appeal is likely to be welcome news for local authority prosecutors and their investigation teams, writes Matt Marsh.
May 22, 2020

Don’t put it in writing! Problems in store for local authority environmental crime

Ben Mills analyses an important ruling on the powers of local authorities to investigate environmental crime.
May 21, 2020

Injunctions against protesters and travellers webinar

Landmark Chambers barristers discuss where the law now stands on injunctions against groups of protesters and travellers, and the proposed extension of relevant police powers against unauthorised encampments.
May 15, 2020

Selling food after its "use by" date

The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications.
May 11, 2020

Unlicensed HMOs and liability

A London borough recently successfully defended two claims for judicial review of decisions it made against directors of property companies operating, and owners of property, in its area. Simon Kiely, Aleksandra Wolek and Christos Paphiti explain how the ruling will help local authority housing departments and prosecutors.
April 27, 2020

Civil financial penalties – how much is too much?

Howard Lederman considers the principles which apply to the amount of penalties local housing authorities can impose for relevant housing offences, following recent guidance by the Upper Tribunal.
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