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General counsel update

  • Herbert Smith Freehills LLP
  • -
  • China, European Union, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, USA
  • -
  • July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

Flaw in negative screening opinion

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • September 15 2011

In Bateman v South Cambridgeshire District Council, it was held that a flaw in a local planning authority’s consideration of an EIA application invalidated a grant of planning permission

Corby Group Litigation

  • RPC
  • -
  • United Kingdom
  • -
  • September 10 2009

The High Court’s decision in the Corby Group Litigation has recently made national headlines

Milton Keynes Council v Leisure Connection Ltd

  • RPC
  • -
  • United Kingdom
  • -
  • September 10 2009

Milton Keynes Council has successfully appealed a magistrates’ court decision that a leisure centre business had no case to answer following a prosecution under section 34(1)(b) of the Environmental Protection Act 1990 (the EPA

Environmental Information Directive - just what is in the public interest?

  • MacRoberts LLP
  • -
  • European Union, United Kingdom
  • -
  • March 17 2010

The European Court of Justice (ECJ) is to be faced with the task of interpreting the Environmental Information Regulations 2004 (EIR) to determine the correct approach to the application of the public interest test where a public authority seeks to rely on more than one exception under the EIR to withhold information

Environmental Information Regulations - Supreme Court refers interpretation of public interest test to the European Court of Justice

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • February 25 2010

The Supreme Court in Office of Communications v Information Commissioner 2010 UKSC 3 has made a reference to the European Court of Justice ("European Court") in relation to the Environmental Information Regulations 2004 ("EIR"

Remediation and liability: do it safely or else

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • August 12 2009

The High Court decision in Corby Group Litigation v Corby District Council highlights the need for organisations, including local authorities and developers, to take their environmental responsibilities seriously, particularly when dealing with the reclamation of land

Water and sewerage companies are not public authorities for the purposes of Environmental Information Regulations 2004

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • February 28 2011

The Upper Tribunal (Administrative Appeals Chamber), in Smartsource Drainage & Water Reports Limited ("Smartsource") v The Information Commissioner, has upheld the decision of the Information Commissioner ("IC") and found that privatised water and sewerage companies do not fall within the definition of public authorities for the purposes of the Environmental Information Regulations 2004 ("the Regulations"

Courts widen planning controls over demolition

  • Howes Percival LLP
  • -
  • United Kingdom
  • -
  • April 28 2011

The way the planning system treats demolition has long been a source of confusion and the Court of Appeal has recently complicated matters further in yet another example of the broad reach of the environmental impact assessment regime

Planning reforms: ideals versus reality

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • October 31 2011

It is hard to escape the fact that our planning system is in the throes of a dramatic reform, given that these proposed reforms have managed to make front page news and been at the centre of many recent debates during the party conference season

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