Remediation in UK Law

  • R (National Grid Gas Plc) v Environment Agency
    • House of Lords
    • 27 June 2007
    ... ... First, it says that National Grid Gas plc ("National Grid") is an appropriate person against whom a remediation notice may be served under section 78E of the Environmental Protection Act 1990. Section 78F(2) defines an appropriate person as one who "caused or ... ...
  • Possfund Custodial Trustee Ltd v Kwik-Fit Properties Ltd
    • Court of Session (Inner House)
    Landlord's right. Tenant's possession of the premises. Contaminated land. Damage caused. Practicable disturbance. State of repair
    ... ... section 57 of the Environmental Act 1995) deals with the identification of "contaminated land" (as defined by section 78A(2)), with the "remediation" of contaminated land (see section 78E(4)), and with the "determination of the appropriate person to bear responsibility for remediation" (see ... ...
  • R (National Grid Gas Plc) v Environment Agency
    • Queen's Bench Division (Administrative Court)
    • 17 May 2006
    ... ... 5 The remediation work has now been completed. As a gesture of goodwill, Transco's sister company, National Grid Property Holdings Ltd, provided technical support and ... ...
  • R v Bowles (Philip)
    • Court of Appeal (Criminal Division)
    • 25 June 2010
    ... ... letter dated 17 July 2009, in which he estimated a figure of £350,000 per acre in respect of what he described as a complex type of site remediation. Thus remediation costs for 24.94 acres at £350,000 per acre gave rise to input tax of £1,527,575, less a figure recorded in Sage between 1 October ... ...
  • Augean Plc v The Commisioners of HM Revenue and Customs
    • Chancery Division
    • 15 August 2008
    ... ... The writer's initial view was that only excavation of the waste combined with re-engineering of the resulting void could provide a remediation strategy which would prevent further pollution and enable compliance with the planning permission. This reflected the detailed proposals for the Site ... ...
  • Redland Minerals Ltd and Another (R) v Secretary of State for the Environment Food & Rural Affairs
    • Queen's Bench Division (Administrative Court)
    • 04 February 2010
    ... ... 1 This is an oral hearing for the Claimant (“Crest”) to apply for permission to bring judicial review proceedings to challenge a remediation notice made under Section 78E of the Environment Protection Act 1990 (as amended) (“the 1990 Act”) issued against Crest in a revised form dated ... ...
  • R Thames Water Utilities Ltd v Bromley Magistrates' Court The Environment Agency (Interested Party) Water Services Regulation Authority (Intervener)
    • Queen's Bench Division
    • 28 July 2008
    ... ... of such harm being caused…." (s 78A(2)) Where land is identified as contaminated land the authority must serve a remediation notice specifying what is to be done by way of "remediation" (s 78E(1)), a term which includes assessing the condition of the land, and carrying out ... ...
  • Eastren Counties Leather Plc v Eastern Counties Leather Group Ltd
    • Chancery Division
    • 26 March 2002
    ... ... at the site with its implication that the cost would be born out of public monies, the EA might look to Plc to recover the costs of remediation works. His letter was as follows: "I refer to your letter of 27 October 1997. In the letter of 12 June 1997 from the ... ...
  • William Bosson v Derbyshire County Council Sita UK and Another (Interested Parties)
    • Queen's Bench Division (Administrative Court)
    • 12 October 2011
    ... ... of the application site within a wider area undergoing restoration from previous mineral operations was noted but neither this nor the remediation works taking longer to complete than originally envisaged were considered to be factors that could prevent planning permission for the current ... ...
  • R v North-east lincolnshire borough council (ex parte: Bass Developments Ltd)
    • Court of Appeal (Civil Division)
    • 20 October 1997
    ... ... and/or civil liabilities for pollution are not a relevant planning consideration; nor is it a relevant planning consideration that remediation may mean that the polluter has to pay; nor, we submit, is the fact that the polluter is a public rather than a private sector body a relevant ... ...
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