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03 May 2024
Issue: 8069 / Categories: Case law , In Court , Law digest
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Law digests: 3 May 2024

Criminal

R v Atlantic Recycling Ltd [2024] EWCA Crim 325, [2024] All ER (D) 59 (Apr)

The Court of Appeal, Criminal Division, refused the defendant company (Atlantic) leave to appeal against conviction. Natural Resources Wales (NRW) had granted Atlantic a permit to operate waste processing activities at Atlantic Eco Park in Cardiff. Atlantic had, subsequently, pleaded guilty to failing to comply with an environmental permit condition, contrary to reg 38(2) of the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154), following a recorder’s legal rulings on two issues: (i) whether, for a criminal breach of condition 3.7.1 of the permit to be established, it would have to be proved that: (a) the state of affairs at Atlantic’s site was inferior to the standard in NRW’s guidance; and (b) there was an increase in risk to the environment from fire; and (ii) whether, as Atlantic had contended, the material in question had not been ‘storage’ because it had still been undergoing recovery. The court held that: (i) the natural, obvious and ordinary meaning

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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