This week's edition of Environment weekly highlights includes: news analysis on Secretary of State for Environment, Food and Rural Affairs v Pickering Fishery Association clarifying state duties regarding environmental management plans for water bodies, and whether if UK banks don’t meet climate-risk expectations, binding rules could follow. In addition this week, the Department for Environment, Food and Rural Affairs (Defra)has published its response to the sandeel Arbitration Tribunal's final ruling in the UK-Sandeel case (the European Union v the United Kingdom), Case No 2024-45), which concerned the decisions by the UK and Scottish governments to close North Sea waters to sandeel fishing in March 2024 and the Office for Environmental Protection (OEP) has submitted advice to the UK government on strengthening environmental protections in the Planning and Infrastructure Bill. Defra has also published guidance on conservation translocation in England, providing information on the responsible reintroduction or relocation of species including plants, animals, and fungi into the wild and the Climate Change Committee has published their 'Progress in...
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Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally
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