Environmental Offences in UK Law

Leading Cases
  • R v CPS Leicester
    • Court of Appeal
    • 21 Dic 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 Ene 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 Jul 1935

  • Intraco Ltd v Notis Shipping Corporation (Bhoja Trader)
    • Court of Appeal
    • 19 Jun 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.

  • Guildford Rural District Council v Fortescue; Guildford Rural District Council v Penny
    • Court of Appeal
    • 23 Mar 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.

  • Steamship Mutual Underwriting Association (Bermuda) Ltd v Thakur Shipping Company Ltd (Note)
    • Court of Appeal
    • 05 Jul 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.

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

    The breach is a continuing one; it goes on until discharge is completed and the ship is once more available to the shipowner to use for other voyages. 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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