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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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