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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 Magistrates’ Fees Order 2008, SI 2008/1052, Sch 1, 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 £29 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 £156 See Practice Note: Appeal by way of case stated...

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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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What powers do local authorities in England and Wales have to issue a fixed penalty notice for a breach of an abatement notice served under section 80 of the Environmental Protection Act 1990? Does a local authority need to adopt a statutory provision before being able to issue such a fixed penalty notice to a commercial organisation?

What powers do local authorities in England and Wales have to issue a fixed penalty notice for a breach of an abatement notice served under section 80 of the Environmental Protection Act 1990? Does a local authority need to adopt a statutory provision before being able to issue such a fixed penalty notice to a commercial organisation? This Q&A relates solely to fixed penalty notices (FPNs) issued in respect of breaches of abatement notices issued pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990). There are many other statutory powers that local authorities have to issue FPNs for other offences and the relevant legislation must be examined carefully: the Environmental Offences (Fixed Penalties) (England) Regulations 2017, SI 2017/1050 or the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, SI 2018/171. Where a local authority (LA) is satisfied that a statutory nuisance exists, or is likely to recur, it has a duty to issue an abatement notice under EPA 1990, s 80(1)....

Where a person lives next to a children’s play area and they are disturbed during the day by the noise of the children playing and in the evening by teenagers/young adults congregating there. What are their legal remedies, including requiring the council to take action?

Where a person lives next to a children’s play area and they are disturbed during the day by the noise of the children playing and in the evening by teenagers/young adults congregating there. What are their legal remedies, including requiring the council to take action? Private nuisance The scenario described in this Q&A may involve a private nuisance, which is an unreasonable interference with a person’s enjoyment of their land or some right over or in connection with it, usually caused by noise or smell or by actual physical damage to their property. A civil claim can be brought by a person connected with the property affected claiming an injunction restraining the nuisance and/or damages. Whether a particular activity causes a nuisance often depends on an assessment of the locality in which the activity concerned is carried out. The court will carry out a balancing act, weighing the interests of the claimant in enjoying their land against the interests of the defendant in enjoying theirs. In assessing...

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Environment weekly highlights—22 May 2025

This week's edition of Environment weekly highlights includes: analysis on the Department for Environment, Food & Rural Affairs's (Defra) consultation on reforms to the Environmental Permitting Regulations 2016 in an effort to streamline regulation, the International Environmental Protection Report, published by Defra, the government's plans for updating energy efficiency rules in the private rented sector and the reservoir safety reform programme. In addition this week, the Department for Energy Security and Net Zero (DESNZ) has announced that the Great British Energy (GBE) Bill has passed through Parliament, with legislative consent from all three devolved governments, the first UK-EU summit was held on 19 May 2025 which resulted in the agreement of a 'new strategic partnership' building on the Withdrawal Agreement and the Trade and Cooperation Agreement, including a commitment to work towards an agreement linking the UK and EU emissions trading schemes (ETSs). Further, this week, Defra has published its response to the Office for Environmental Protection (OEP)’s February 2025 review of the duty to have due regard to the...

Corporate Crime weekly highlights—24 August 2023

This week's edition of Corporate Crime weekly highlights includes analysis of a recent unsuccessful challenge to a designation made under the UK’s sanction regime against Russia, of the government’s response on reshaping digital advertising regulation and of a recent High Court judgment on a local authority's power to vary an abatement notice. Also included is news that the National Crime Agency (NCA) has charged a former Nigerian politician with bribery offences, the conviction of a former pension trustee for making prohibited loans from a retirement plan, a call for evidence from the Information Commissioner's Office (ICO) from victims of 'text pests' and the publication of an updated list of businesses not complying with anti money laundering regulations. All this, and more, in this week's Corporate Crime weekly highlights.