All articles by Louise Moore, Lovell White Durrant
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Professional
Individual rights to silence
Environment In England, a defendant in a criminal case cannot refuse to give potentially self-incriminating evidence in the same way that Americans can by 'taking the fifth'. This report examines the conflict between environmental legislation and the rights of the individual
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Professional
Holding the contaminated can
Trustees and contaminated land Under provisions of the Environmental Protection Act 1990, determining who is responsible for contaminated land means that trustees with contaminated land that has been left to them must err on the side of caution if they wish to sell
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Professional
The high cost of tainted advice
Environment Negligent environmental advice can result in significant damages awards. The following case illustrates the legal consequences of careless risk assessment and the importance of clarity
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Professional
Europe jumps on the green bandwagon
Environmental liability The European Union White Paper will consider where the liability for environmental damage lies by adopting the 'polluter pays' principle The new regime will only address future pollution, leaving member states to deal with historic contamination
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Professional
When reclamation leads to exemption
Landfill tax The Taylor Woodrow case has clarified the thorny issue of landfill tax exemption for certain reclamation projects That materials may be removed for reasons other than reclamation does not justify refusal of tax exemption The case of Taylor Woodrow Construction (Northern) Ltd v The Commissioners of ...
