Caroline Almond

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UK Plastic Packaging Tax Proposed

From April 2022, the UK government is proposing to introduce a new tax on plastic packaging manufactured in or imported into the UK containing less than 30% recycled plastic.  Currently, the detailed policy design for the plastics tax is under consultation until 20 August 2020 (the period has just been extended by 3 months due … Continue Reading

The Significance in UK Nuisance Law of the Introduction of the “Agents of Change” Principle

The National Planning Policy Framework (NPPF) was first published in March 2012. The original NPPF (NPPF1) consolidated various other Planning Policy documents into one overarching framework. The purpose of the NPPF is set out in the introduction which states that “It provides a framework within which locally-prepared plans for housing and other development can be … Continue Reading

Enforcement of UK Waste Exemptions – No Longer the Light Touch?

Registered waste exemptions are not to be treated lightly and compliance with their conditions is not flexible, as the Environment Agency has reinforced in a recent case.  A lengthy investigation culminating in a nearly £20,000 fine has been handed down by Chelmsford Magistrates Court in relation to illegal deposits of waste on farmland in Essex. … Continue Reading

UK Regulator Growth Duty – A New Era in Decision Making?

The economic growth duty came into force on 29 March 2017 under the Deregulation Act 2015 (the “DA 2015”) and requires many regulators in England and Wales to have regard to the “desirability of promoting economic growth”, alongside the delivery of protections set out in relevant legislation. The regulators to which it applies are set … Continue Reading

UK Fracking – Picking Up Energy or Still on Go Slow?

On 11 April 2016, the Environment Agency granted the necessary environmental permits to allow the UK-based company Third Energy UK Limited to carry out hydraulic fracturing, or “fracking” as it has become known, for shale gas at the so-called KM8 Well, an existing borehole in North Yorkshire.  Despite opposition, the Environment Agency maintains that the … Continue Reading

Flood Re – New Consultation Launched on UK Flooding Insurance Scheme

We last reported on the Flood Re scheme on 17 July 2013 and commented that this was a new scheme aimed at providing affordable insurance for homeowners whose properties are considered to be at high risk of flooding. It was designed to replace the ABI Statement of Principles which expired on 31 July 2013 and … Continue Reading

Concrete and Sewers – A Real Nuisance for Contractors?

In the recent decision in the case of Northumbrian Water Limited (“NWL”) v McAlpine Limited (“McAlpine”) [2014], Moore-Bick LJ provided the leading judgement (upholding the first instance judgement) that the contractor, McAlpine, was not liable for concrete entering and blocking a sewer during the course of construction works. This case does not provide any new … Continue Reading

UK Enterprise and Regulatory Reform Act 2013 reverses previous burden of proof for strict liability health and safety offences

Löfstedt report and cutting red tape One of the key recommendations of the Löfstedt report, published back in November 2011, was for the Government to implement a review of existing health and safety regulations.  Employers, increasingly fearful of a burgeoning “compensation culture”, felt that over-compliance was rife with health and safety legislation as a result. … Continue Reading

Two years after the Fukushima Disaster – nuclear safety in Europe

Following the devastation in the Fukushima nuclear power plant in Japan on 11 March 2011, thoughts within Europe turned to the safety of our own nuclear power plants. A common methodology was developed across the Union, with multinational teams assessing the plants. ENSREG, the group of national safety authorities of all 27 member states worked … Continue Reading

European Union Emissions Trading Scheme – Civil Sanctions

There are a number of new sanctions for 2013, and it is important for businesses to understand their obligations and what the pitfalls could be if they get their responsibilities wrong. This blog will briefly look at Environment Agency (EA) Civil Penalties in relation to the Emissions Trading Scheme. The European Union Emissions Trading Scheme (EU … Continue Reading