Harmful emissions and human rights duties

Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site. Read more
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  NEWS

Oct 07, 2021

200 unresolved noise complaints accumulated by council during the pandemic

Calderdale Metropolitan District Council accumulated a backlog of 200 unresolved complaints about noise during the pandemic, the Local Government and Social Care Ombudsman has found.
Sep 27, 2021

Government must learn lessons from use of criminal law in pandemic including avoiding blurred line between guidance and the law: Justice Committee

Given the speed and scale with which the Government needed to create new regulations in response to the Covid-19 pandemic, in future it needs to have the requisite tools in advance "to respond in a swift and proportionate manner that does not risk criminalising behaviour in ways incompatible with widely understood principles of the rule of law, and avoids any lasting damage to the criminal…
Sep 27, 2021

FTB and Poppleston Allen issue report on Covid-19 legislative changes and hospitality sector

Barristers’ chambers Francis Taylor Building and law firm Poppleston Allen have published a 50-page report covering the COVID-19 related legislative changes which affected the hospitality sector, from the start of restrictions to Step 4 of the Roadmap and the full re-opening of hospitality in July 2021.
Sep 20, 2021

SRA and county council secure funding for legal projects from Regulators Pioneers Fund

An Oxfordshire County Council project aimed at improving legal compliance in relation to unmanned aerial vehicle (UAV) services and trials and a Solicitors Regulation Authority (SRA) research project into enhancing legal access within local communities are amongst 21 projects to have received financial backing from the Department for Business, Energy and Industrial Strategy (BEIS).
Sep 20, 2021

London butcher hit with £40k fine for selling poor quality chicken, following successful prosecution

A warrant is out for the arrest of a butcher after prosecutors at Barking and Dagenham Council secured a conviction over the attempted sale of poor-quality chicken to customers.
Sep 01, 2021

Council “disappointed” at sentence after counterfeit tobacco found twice at business premises

A council has expressed disappointment at the sentence handed down to a business owner after counterfeit tobacco was found on his premises twice in five months.
Sep 01, 2021

District planning authorities in England issue fewest number of enforcement notices since records began

District planning authorities in England issued fewer than 3,000 enforcement notices in the year to March 2021, government data has revealed.
Aug 13, 2021

Edinburgh to consult on designating whole of city as short term let control area

The City of Edinburgh Council is to hold a consultation from next month on a draft proposal to designate the whole city as a "short term let (STL) control area".
Aug 13, 2021

Council successfully prosecutes private sector landlord for breach of banning order

A landlord who was reportedly the first in the country to receive a banning order under the Housing and Planning Act 2016 when the new law was introduced in 2019, has been convicted of breaching the original order.
Aug 10, 2021

Landlord ordered to pay more than £21,000 after council prosecutes him for unlicensed house in multiple occupation

A private landlord operating an unlicensed and overcrowded property in Kensal Green has been told to pay more than £21,000 in fines and costs by Willesden Magistrates' Court.

  FEATURES AND ANALYSIS

July 22, 2021

How to ensure better protection for tenants around the country

Shona Ali looks at worrying recent trends in relation to illegal evictions and sets out what local authorities can do to combat the problem.
July 22, 2021

Food advertising

This LexisNexis Practice Note, produced in partnership with Katrina Anderson of Osborne Clarke, considers the law and practice applicable to food advertising to consumers.
July 08, 2021

Confiscation and enforcement notices: the roll-back from Panayi

Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.
June 24, 2021

The Funeral Market Investigation Order 2021

The Competition and Markets Authority has this month published its Funeral Market Investigation Order 2021. V. Charles Ward looks at how bereavement-service managers can comply with new regulatory requirements.
May 27, 2021

Met Police press release libel claim dismissed following trial

The High Court has dismissed a claim brought over a Metropolitan Police press release, upholding defences of truth and no serious harm at trial, writes Gervase de Wilde.
May 06, 2021

The death of Panayi

Roderick Morton analyses an important Court of Appeal ruling for planning enforcement lawyers in relation to confiscation cases.
April 22, 2021

Fighting fire with fines

Even before the tragedy of what happened at Grenfell Tower on 14 June 2017 there could be no doubt that no limit can be put on the personal costs of a fire. The Government has now stated that the same can be said for the financial costs, writes Natalie Puce.
April 15, 2021

Prosecuting unlicensed dog and cat breeders

Gary Grant looks at a recent case where £50,000 in financial penalties were imposed on unlicensed dog and cat breeders.

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 MORE NEWS

Aug 09, 2021

Councils call for much larger fly-tipping fines to act as deterrent, suspended sentences for repeat offenders

Local authorities have urged the Sentencing Council to increase fines for fly-tipping significantly, so they act as a suitable deterrent, and for repeat offenders to be given suspended custodial sentences.
Aug 06, 2021

Council prosecution sees landlord fined more than £14,000 for safety breach and operating without HMO licence

A landlord who has been operating without a HMO licence and failing to maintain safety standards for his tenants has been fined over £14,000 at a prosecution brought by Reading Borough Council.
Aug 02, 2021

Landlord wins appeal over penalty for letting of flat without licence as Upper Tribunal says matter should have been dealt with informally

A landlord has won an Upper Tribunal appeal over the imposition of a £2,500 financial penalty by a council for letting a flat without a licence.
Jul 29, 2021

Regulator of Social Housing finds councils in breach of Home Standard amid health and safety inspection concerns

The Regulator of Social Housing has criticised two local authorities for breaching the Home Standard, which requires registered providers to have a cost-effective repairs and maintenance service and to meet all applicable statutory requirements that provide for the health and safety of occupants in their homes.
Jul 28, 2021

Council secures £500k order as in “unique event” Court of Appeal conducts confiscation proceedings

The London Borough of Barnet has secured a confiscation order worth nearly £500,000 in the Court of Appeal after a Crown Court judge had initially only ordered the defendant to pay £270.
Jul 21, 2021

Council repaid £59,000 owed after eight-year dispute over "unsightly clutter" in garden and illegal extension

Buckinghamshire Council has been repaid £59,000 after its planning enforcement team secured the clear up of unsightly clutter and removal of an illegal extension in the garden of a property in High Wycombe.
Jul 20, 2021

Council prosecution sees major chain fined £750,000 over death of cinema-goer

A prosecution brought by Birmingham City Council has seen Vue Entertainment fined £750,000 for breaching health and safety legislation at its Star City theatre in Nechells which led to a cinema-goer’s death.
Jul 07, 2021

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords

Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.
Jun 30, 2021

Man who ignored injunction to demolish unpermitted leisure buildings found in contempt of court

Forest of Dean District Council has successfully prosecuted a man in a contempt of court application at the High Court for failing to demolish a leisure building housing a cinema and bowling alley that he was ordered to take down in 2018.
Jun 28, 2021

Wednesbury man sentenced to six months in jail for fabricating personal injury claim against local authority

Walsall Council has prosecuted a man for dishonestly bringing a claim worth £55,000 in damages and legal costs after making what the judge called an "entirely fictitious" personal injury claim against the local authority.
Jun 21, 2021

Councils issue £1m in penalties against businesses for breach of Covid restrictions

Local authorities have issued 1,201 penalties to businesses for violating Covid business restrictions, to a value of £1,076,820, research has revealed.
Jun 01, 2021

City council blocks entrance to barbershop with sandbags after business "repeatedly ignored orders to close" over Covid breaches

The entrance to a barbershop in York has been barricaded with sandbags by City of York Council after the owners who were breaching Covid safety measures failed to comply with council directions to close.
May 26, 2021

Council leads successful prosecution of man who sold £75k worth of fake car service history books online

A man who sold thousands of fake car service history books on eBay has been sentenced to three years in jail, following a prosecution led by Reading Borough Council.
May 10, 2021

Street traders lose legal challenge over “innovative product” criterion imposed by council

A High Court judge has dismissed a legal challenge brought by street traders over a council's implementation of a regulatory framework that requires stall owners to sell products not readily available on the high street.
Apr 20, 2021

Council prosecution sees Tesco fined £7.5m+ for selling food past its ‘use by’ date

Tesco Stores Limited has been fined more than £7.5m at Birmingham Magistrates Court after pleading guilty to selling food which was past its ‘use by’ date in three of its Birmingham stores.
Apr 14, 2021

Council prosecution sees hotel chain fined £80,000 after guest sustains life-changing injury in fall

Sefton Council has successfully prosecuted Britannia Hotels after a guest at one of its hotels fell through rusted iron railings, sustaining life-changing injuries.
Apr 06, 2021

Covid-19 status certification likely to have significant implications for councils: LGA

The Local Government Association has urged the Government to work closely with councils on any proposals for Covid-19 status certification.
Mar 24, 2021

Department of Health and Social Care issues ‘roadmap regulations’

MPs will vote tomorrow (25 March) on the Government's ‘roadmap regulations’ setting out its proposed next phase of ‘easements’.
Mar 22, 2021

Prosecution sees pub and landlord fined for “sewer abuse”

A pub and its landlord have been fined more than £16,000 for allowing cooking fat and oil to enter a town’s sewer network, in a landmark case brought by Thames Water.
Mar 02, 2021

Environment Agency solicitor secures damages and apology over defamatory press release issued by garden centre business

A senior solicitor and prosecutor with the Environment Agency in the west of England has secured damages and an apology in his libel action against the owners and operators of the 'Plants Galore' garden centres in Devon.
Feb 24, 2021

Court fines for fly-tipping up a third in 2019/20: Defra

The number of court fines issued for fly-tipping in England increased 30% in 2019/20 from 2,056 to 2,671, the Government’s annual statistics have revealed.
Feb 24, 2021

Prosecution led by city council sees fly-tipper jailed for 13 months

A fly-tipper prosecuted by Birmingham City Council has been jailed for 13 months after pleading guilty to waste offences and breaches of consumer protection legislation.
Feb 24, 2021

High Court to hold expedited hearing of legal challenge over street trading policy in Birmingham

Two street traders have been given the green light for a judicial review challenge over Birmingham City Council’s new street trading policy.
Feb 23, 2021

London borough secures £740k confiscation order against landlord over planning breaches

The legal team at Brent Council has secured a confiscation order worth nearly £740,000 against a landlord who rented out properties in Willesden in breach of planning enforcement notices.
Feb 22, 2021

Crackdown across London on compliance failures sees 100+ letting agents issued with notice of intent to impose financial penalty – with “many more to come”

Council trading standards officers have launched a London-wide enforcement operation aimed at cracking down on letting agents that fail to comply with the law on protecting tenants’ and landlords’ money, or other legal requirements.

  MORE FEATURES

February 12, 2021

Closing gyms during lockdown

Sarah Clover recently supported a city council in closing down a gym which opened persistently in contravention of Coronavirus Regulations and the lockdown restrictions. She explains what this involved.
January 08, 2021

Covid-19 Regulations – the enforcement role of local authorities

Horatio Waller looks at defining the enforcement role of local authorities and best practice on ‘designating’ officers for enforcement purposes.
January 06, 2021

Lockdown III: The Impact on Businesses

Gary Grant analyses the new regulations behind the government's latest national lockdown.
December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 20, 2020

The Tier 4 Regulations: impact on businesses

Gary Grant sets out the key points for businesses from the Government's regulations implementing the new Tier 4.
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December 07, 2020

All Reasonable Measures: tidying up the Coronavirus, Restrictions Regulations and the law of unintended consequences

Charles Holland looks at how a “tidying up” amendment in the new All Tiers Regulations has removed an important obligation on the operators of a significant class of premises in Tier 3.
December 04, 2020

The Standard of Proof in Inquests

Jonathan Landau examines the implications for local authorities of the Supreme Court's ruling in the Maughan case.
November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
September 24, 2020

Proportionality and the Regulator’s decision to prosecute in the time of Coronavirus

Has the public interest test for prosecution been changed in the regulatory context by COVID-19? James Puzey analyses the issues.
September 17, 2020

Decisions whether to prosecute

Ben Williams sets out the general principles when it comes to decisions to prosecute.
June 26, 2020

COVID-19 & RIDDOR for care providers

Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.
May 22, 2020

The end of R v Ghosh and the new test for criminal dishonesty

A recent judgment of the Court of Appeal is likely to be welcome news for local authority prosecutors and their investigation teams, writes Matt Marsh.
May 22, 2020

Don’t put it in writing! Problems in store for local authority environmental crime

Ben Mills analyses an important ruling on the powers of local authorities to investigate environmental crime.
May 15, 2020

Selling food after its "use by" date

The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications.
May 11, 2020

Unlicensed HMOs and liability

A London borough recently successfully defended two claims for judicial review of decisions it made against directors of property companies operating, and owners of property, in its area. Simon Kiely, Aleksandra Wolek and Christos Paphiti explain how the ruling will help local authority housing departments and prosecutors.
April 27, 2020

Civil financial penalties – how much is too much?

Howard Lederman considers the principles which apply to the amount of penalties local housing authorities can impose for relevant housing offences, following recent guidance by the Upper Tribunal.
April 09, 2020

Covid-19 scams and how to tackle them

Supplying counterfeit personal protection equipment (PPE), unproven health supplements purported to prevent infection and failure to supply paid for PPE are amongst a number of scams occurring during the COVID-19 crisis, say Cameron Crowe and Sabrina Goodchild, who look at the powers local authorities can use in response.
March 24, 2020

Enforcing the lockdown

The government is once again using s.45C of the Public Health (Control of Disease) Act 1984 to impose distancing measures, writes Charles Holland, as new measures are introduced in Wales.
March 23, 2020

Closing restaurants, cafes and pubs during COVID-19

Charles Holland analyses the regulations issued by the government for the closure of restaurants, cafes, pubs and other leisure venues during the coronavirus outbreak.
March 13, 2020

A broken shield isn’t that useful…

Changes to the Primary Authority scheme are needed if it is to retain its credibility, write Helen Atkinson, Ian Andrews and Joyce-Oyella-Ogaba.