Permits in UK Law

Leading Cases
  • R (Anti-Waste Ltd) v Environment Agency
    • Queen's Bench Division (Administrative Court)
    • 04 Abr 2007

    Many landfills have been operating for a substantial period of time and it was in the past considered appropriate to allow leachate to be diluted and dispersed through underlying ground and sometimes thereafter through groundwater. That is not now permitted and should not have been allowed since 1980 when the Groundwater Directive came into force. Landfills are now constructed in cells which have a liner and a mechanism for collecting and removing leachate and gases.

    Specific legislative control of landfilling arose under the Control of Pollution Act 1974. Waste Disposal Licences needed to be obtained but, once the filling permitted by the licence was completed, the operator could relinquish the licence and would have no continuing obligation to manage the landfill.

    There is no definition of 'stationary technical unit' in the Directive or the Regulations. The meaning suggested in the Government Guidance seems to me to be appropriate. When applied to landfill, I see no reason why in principle a new deposit in a defined area which excludes an old cell should not qualify. I am not persuaded that it is necessary to apply a test of independence.

  • R (Kibris Turk Hava Yollari and another) v Secretary of State for Transport
    • Queen's Bench Division (Administrative Court)
    • 28 Jul 2009

    Again, it seems unnecessary for me to deal with those submissions in detail since, as I understand it, Mr Haddon-Cave QC accepts that there is a duty, as a matter of customary international law, not to recognise the TRNC as legal or lawful. The upshot is, of course, that the United Kingdom Government is under a legal duty not to recognise the TRNC. I have found that the grant of the permits sought by the Claimant would constitute acts of recognition.

  • Paponette and Others v Attorney General of Trinidad and Tobago
    • Privy Council
    • 13 Dic 2010

    This means that in a claim based on a promise, the applicant must prove the promise and that it was clear and unambiguous and devoid of relevant qualification. Once these elements have been proved by the applicant, however, the onus shifts to the authority to justify the frustration of the legitimate expectation. It will then be a matter for the court to weigh the requirements of fairness against that interest.

  • R (Edwards) v Environment Agency (No. 2)
    • House of Lords
    • 16 Abr 2008

    But the discretion must be exercised judicially and in most cases in which a decision has been found to be flawed, it would not be a proper exercise of the discretion to refuse to quash it. Both the nature of the flaw in the decision and the ground for exercise of the discretion have to be considered. In Berkeley, the flaw was the complete absence of an EIA and the sole ground for the exercise of the discretion was that the result was bound to have been the same.

  • David Edwards Lilian Pallikaropoulos (Appellants) 1) The Environment Agency and Others (Respondents) Cemex Uk Cement Ltd (Formerly Rugby Ltd) (Interested Party)
    • Court of Appeal (Civil Division)
    • 19 Jul 2006

    However, if, as in United States Tobacco (see per Taylor LJ, as he then was, at 370–371, and at 376, per Morland J), and in Interbrew (see per Moses J at pp 33–35 of the transcript), a decision-maker, in the course of decision-making, becomes aware of some internal material or a factor of potential significance to the decision to be made, fairness may demand that the party or parties concerned should be given an opportunity to deal with it.

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Books & Journal Articles
  • The interlibrary loan protocol: AN OSI solution to ill messaging
    • Núm. 8-4, Abril 1990
    • Library Hi Tech
    • 73-82
    The Interlibrary Loan (ILL) protocol is a standard based on the OSI Reference Model that permits ILL messages to be exchanged between heterogeneous systems. By defining a standard for computer comm...
    ......: AN OSI SOLUTION TO ILL MESSAGING Fay Turner The Interlibrary Loan (ILL) protocol is a stan-dard based on the OSI Reference Model that permits ILL messages to be exchanged between heterogeneous systems. By defining a standard for computer communications, the protocol permits the exchange of ......
  • The design of marketable permit schemes to control local and regional pollutants
    • An Introduction to the Law and Economics of Environmental Policy: Issues in Institutional Design
    • 331-377
    In recent years, there has been a steady rise in the use of marketable permits in environmental regulation. They have been employed as tools to control both air and water pollution, and have been i...
    ...... Revesz ABSTRACT In recent years, there has been a steady rise in the use of marketable permits in environmental regulation. They have been employed as tools to control both air and water pollution, and have been implemented on local ......
  • Crisis in Kosovo: A Just Use of Force?
    • Núm. 19-3, Septiembre 1999
    • Politics
    This article looks at NATO's armed intervention in Serbia from the perspective of international law, and especially just war theory. After explaining the principles by which just war theory permits...
    ....... national law, and especially just war theory. . After explaining the principles by which just . war theory permits armed intervention, the . An objection . crisis in Kosovo is used as a fascinating and . relevant case study. . ......
  • PRACTITIONERS CORNER: Tests for Cointegration in Models with Regime and Trend Shifts
    • Núm. 58-3, Agosto 1996
    • Oxford Bulletin of Economics and Statistics
    Recently Gregory and Hansen (1996) proposed a number of residual‐based tests for cointegration in models with the possibility of a structural break. They considered three models: (i) level shift; (...
    ......In this paper we introduce a more general model that permits a trend shift as well as a regime shift and provide the critical values appropriate for testing this alternative. This more general alternative may ......
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Law Firm Commentaries
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