Environmental Offences in UK Law

Leading Cases
  • R v CPS Leicester
    • Court of Appeal (Criminal Division)
    • 21 Diciembre 2006

    The area where a person may indulge in the conduct prohibited by section 4A with impunity are, accordingly, narrowly confined. Such areas are confined to a structure or part of a structure which is occupied as a person's home or other living accommodation. There is no exception in relation to the areas where such an offence may be committed in relation to mere accommodation. The concept of other living accommodation takes its meaning from association with the concept of a person's home.

  • Afovos Shipping Company S.A. v R Pagnan and F.lli
    • House of Lords
    • 27 Enero 1983

    I take it to be a general principle of law not requiring authority that where a person under an obligation to do a particular act has to do it on or before a particular date he has the whole of that day to perform his duty. The question is not when the charterer would cease to be likely to pay in time but when, to quote clause 5, "punctual payment" would have failed. In my opinion this moment must relate to a particular hour, and is not dependent on the modalities of the recipient bank.

  • Hillen and Pettigrew v I.C.I. (Alkali) Ltd
    • House of Lords
    • 04 Julio 1935

  • Intraco Ltd v Notis Shipping Corporation (Bhoja Trader)
    • Court of Appeal (Civil Division)
    • 19 Junio 1981

    Irrevocable letters of credit and bank guarantees given in circumstances such that they are the equivalent of an irrevocable letter of credit have been said to be the life blood of commerce. Thrombosis will occur if, unless fraud is involved, the Courts intervene and thereby disturb the mercantile practice of treating rights thereunder as being the equivalent of cash in hand.

  • Steamship Mutual Underwriting Association (Bermuda) Ltd v Thakur Shipping Company Ltd (Note)
    • Court of Appeal (Civil Division)
    • 05 Julio 1984

    Justice and convenience in this context is not an abstract conception. It predicates that there is a cause of action in respect of which the court may make an order and the court will be unable to enforce its order unless there is security provided by a Mareva injunction. It seems to me that no such declaratory relief needs a Mareva injunction to support it.

  • Guildford Rural District Council v Fortescue; Guildford Rural District Council v Penny
    • Court of Appeal
    • 23 Marzo 1959

    Mr. Megarry contended that the mere intensity of user or occupation could never be relevant. As a general proposition, I am not prepared to accept that argument; nor indeed is it necessary to do so. Mere intensity of user may (as it seems to me; but I must not be taken as deciding this point) affect a definable character of the land and of its use - or one of them.

  • Dias Compania Naviera S.A. v Louis Dreyfus Corporation
    • House of Lords
    • 26 Enero 1978

    It is the almost invariable practice nowadays for these damages to be fixed by the charterparty at a liquidated sum per day and pro rata for part of a day (demurrage) which accrues throughout the period of time for which the breach continues.

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Books & Journal Articles
  • Doing Justice to the Environment
    • Nbr. 77-3, June 2013
    • Journal of Criminal Law, The
    This article examines some of the characteristic features of environmental offences, in particular the ways in which these offences and their treatment in the courts deviate from general principles...
    ...... This article examines some of the characteristic features of environmental offences, in particular the ways in which these offences and their ......
  • Preliminary insights on green criminology in Malaysia
    • Nbr. 29-3, May 2022
    • Journal of Financial Crime
    • 1078-1090
    Purpose: The purpose of this paper is to examine the extent of environmental offences committed in Malaysia charged under the Environmental Quality Act 1974 (EQA1974). Design/methodology/approach:...
    ...... –The purpose of this paper is to examine the extent of environmental offences committed inMalaysiacharged under the Environmental Quality Act ......
  • The ecocrime directive and its translation into legal practice
    • Nbr. 8-2, June 2017
    • New Journal of European Criminal Law
    Directive 2008/99/EC, on the protection of the environment through criminal law, was approved after fierce dispute among European institutions. Its aim was to harmonise the definition of environmen...
    ...... directive and its translation into legal practice EU green offences and their impact at national level according to the results of a recent ...Its aim was to harmonise the definition of environmental offences in the EU and to ensure that they would be punished with ......
  • Environmental Enforcement Undertakings and Possible Implications: Responsive, Smarter or Rent Seeking?
    • Nbr. 76-2, March 2013
    • The Modern Law Review
    Enforcement undertakings have recently been added to the Environment Agency's list of mechanisms available for the enforcement of certain environmental offences. An enforcement undertaking is a wri...
    ...... have recently been added to the Environment Agency’s list of mechanisms available for the enforcement of certain environmental offences. An enforcement undertaking is a written agreement between the regulator and the offender in which the offender proposes to undertake particular ......
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Law Firm Commentaries
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Forms
  • Chapter TTM17258
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......(b) environmental performance of such ships;. (c) working conditions on such ships. (2) The ...(3) Regulations under this paragraph may create criminal offences in respect of failures to comply with requirements imposed by the ......
  • Chapter TTM20013
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......(b) environmental performance of such ships; . (c) working conditions on such ships. . .... (3) Regulations under this paragraph may create criminal offences in respect of failures to comply with requirements imposed by the ......
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