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Fees payable in the magistrates’ courts—checklist

Fees payable in the magistrates’ courts—checklist While no fees are payable in relation to criminal proceedings in the magistrates’ court, including for making applications for summonses or warrants in England and Wales, fees are payable for certain civil functions undertaken by magistrates’ courts and in relation to the production of documentation resulting from criminal proceedings for use in subsequent civil or family proceedings. Fees payable in the magistrates’ courts This table details the fees payable in the magistrates’ courts as prescribed by Schedule 1 to the Magistrates’ Fees Order 2008, SI 2008/1052, as amended. Description Amount of Fee Further information Application which requires a justice of the peace to perform a function away from the court premises £28 This fee is payable in addition to any other fee required for the function the justice of the peace is to perform Application to state a case for the opinion of the High Court under section 111(1) of the Magistrates Court Act 1980 £151 See Practice Note: Appeal by way of...

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Contaminated land—determinations

Who makes the determination?Local authorities (LAs) have sole responsibility for determining whether land is contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990). They cannot delegate this responsibility, other than in accordance with their statutory powers under the section 101 of the Local Government Act 1972.LAs may rely on information or advice from the Environment Agency (EA), Natural Resources Wales (NRW) or a suitably qualified expert when considering whether to determine land. However, the ultimate decision must be made by the LA. In practice, the determination is likely to be made by an officer acting under delegated authority or by committee resolution.Whoever the decision maker is, they must ask themselves whether the land is, or is not, contaminated land. At this stage, it is not relevant to consider whether it is appropriate to serve a remediation notice. That question follows the determination.For example, in Shelley, a LA committee asked itself the wrong question when determining whether a statutory nuisance existed. It considered whether it was appropriate...

Environmental liabilities—what are clean-up liabilities?

Clean-up liabilities are legal and financial obligations to remediate pollution or contamination pursuant to:•statute, eg a pollution incident which causes environmental damage•civil disputes, eg damages for common law nuisance or negligence•contract, eg an environmental indemnityPollution incidents and other activities that trigger clean-up liabilities may also result in prosecution, director and officer liability, and reputational damage.Practitioners should consider clean-up liabilities when:•undertaking environmental due diligence in corporate, property or financial transactions•advising on company reporting and environmental accounting•advising on transferring environmental liabilities, such as contaminated land, from one entity to another•advising on pollution incidentsBroad scope of clean-up liabilitiesClean-up liabilities are not just limited to remediation liabilities for contaminated land under Environmental Protection Act 1990, ss 78A–78YC (Part IIA) (EPA 1990). They are much broader, ranging from environmental indemnities to remediation notices for environmental damage.Importantly, many clean-up liability regimes overlap. For example, the environmental damage regime may apply instead of, or in addition to, existing environmental regimes. It aims to prevent and remedy environmental damage to land, water, and protected species and habitats.Where liability...

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Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990

Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990 [name] [District] [Borough] [City] Council ABATEMENT NOTICE made under section 80 of the Environmental Protection Act 1990 To: [name] of [address] Take notice that 1 The [name] [District] [Borough] [City] Council (the Council) is satisfied that a statutory nuisance [exists OR is likely to [occur OR recur] ] under section 79(1) [specify which subsection] of the Environmental Protection Act 1990 (EPA 1990) from [the premises at] [specify the address of the source of the nuisance] arising from [describe the matters which are causing the nuisance]. 2 This abatement notice is served on you because you are [the person responsible for the statutory nuisance OR [the owner OR the occupier of] the premises]. What you are required to do 3 [You are required to abate the nuisance [forthwith OR within [specify hours, days, weeks] from the service of this Notice] [and] ] [You are required...

Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance

Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance [name, address and telephone number] To: The Clerk to the Justices, [name] Magistrates’ Court [date] Notice of Appeal against an abatement notice, pursuant to section 80(3) of the Environmental Protection Act 1990 1 [I OR We] of [address] give you notice under section 80(3) of the Environmental Protection Act 1990 that [I am OR we are] appealing against the statutory nuisance abatement notice served on [me OR us] on [date] by the [name of local authority] (the Council). 2 The abatement notice was served in respect of [premises known as [address, etc] OR [give details of the vehicle, machinery or equipment concerned]]. The notice required the [abatement OR prohibited the occurrence OR recurrence] of the alleged statutory nuisance pursuant to section 80 of the Environmental Protection Act 1990. 3 The grounds of [my OR our] appeal are as follows: 3.1...

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How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court?

How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court? Laying a complaint in the magistrates’ court Certain proceedings before a magistrates’ court must be begun by the laying of a complaint under section 51 of the Magistrates’ Courts Act 1980 (MCA 1980). An appeal against an abatement notice is one such example. The procedure for laying a complaint comes under the magistrates’ courts civil jurisdiction as opposed to its criminal jurisdiction. The distinction between an information and a complaint is that an information is laid where the person charged has committed, or is alleged to have committed, an offence for which they may be punished, while a complaint is made where the person in regard to whom it is made is liable, or alleged to...

What is the correct procedure for a court to make and serve an abatement order on a defendant made under section 82(2) of the Environmental Protection Act 1990?

What is the correct procedure for a court to make and serve an abatement order on a defendant made under section 82(2) of the Environmental Protection Act 1990? Section 79 of the Environmental Protection Act 1990 (EPA 1990) specifies, subject to subsections (1A) to (6A), eleven matters which constitute 'statutory nuisances'. These include fumes or gases emitted from premises so as to be prejudicial to health or a nuisance, any animal kept in such a place or manner as to be prejudicial to health or a nuisance, artificial light emitted from premises so as to be prejudicial to health or a nuisance, or any other matter declared by any enactment to be a statutory nuisance. The section provides that it is the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances and where a complaint of statutory nuisance is made by a person living within its area, to take such steps as are reasonably practicable to investigate the...

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Corporate Crime weekly highlights—30 January 2025

This week's edition of Corporate Crime weekly highlights includes analysis of what the recently signed MoU between OFSI and OFAC will mean for financial sanctions enforcement, of the draft CMA consumer protection enforcement guidance which includes updates introduced by the DMCCA 2024, of why preventing non-financial misconduct should be a priority for businesses and of the SRA’s announcement that it aims to launch the first prosecutions this summer in connection with the Post Office Horizon scandal. Also included is coverage of extensive new guidance published for Coroners on the bench, of new sanctions imposed on Belarus by the FCDO to address ongoing political repression there, and of a company being fined £2m for health and safety breaches. All this, and more, in this week’s Corporate Crime highlights.

Local Government weekly highlights—30 January 2025

This week's edition of Local Government weekly highlights includes enhanced coverage on the Supreme Court judgment in The Father v Worcestershire CC, in which the father’s appeal against the care order placing his children in foster care, was dismissed, coverage of the Cabinet Office's final preparations for the Procurement Act 2023, which is set to go live on 24 February 2025 and expert analysis of the Court of Appeal judgment in Hussaini v Islington LBC. Case reports include the decisions in Sheffield CC v The Mother, on the Family Court's ruling that the child experienced significant harm due to parental neglect, meeting the threshold criteria under Section 31 of the Children Act 1989; (R (LR) v Coventry CC where the Court of Appeal quashed the local authority's support assessment for family, citing legal errors and failure to consider children's welfare; Tickle v The BBC concerning the Court of Appeal’s setting aside of an order anonymising judges in family proceedings due to lack of jurisdiction and procedural bias; R (MM) v...