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03 July 2008 / Stephen Hockman
Issue: 7328 / Categories: Features , Environment
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Environment law update

NEW COMPLIANCE REGIME

SPECIAL HABITATS PROTECTION

DISILLUSIONMENT
In their latest “Environmental Law bulletin” (March 2008), the editors of the Encyclopaedia of Environmental Law reveal a certain sense of disillusionment. Modern environmental politics they say is:

“...characterised by astonishing levels of double-mindedness, whereby so much self-righteous effort can be put into the minutiae, yet the effects of (say) expansion of Heathrow may be swallowed so easily.”

Yet there have been a range of recent developments both in legislation and in case law which are much too significant to be described as minutiae and at the same time are much more beneficial to the environment than airport expansion.

EMISSION REDUCTIONS
At the European level the EU is considering proposed amendments to the Emissions Trading Scheme (ETS) Directive (the subject of a new consultation exercise by the Department for Environment, Food and Rural Affairs), a draft decision allocating among member states the responsibility for achieving emissions reductions outside the EU ETS sectors and a new Directive and communication relating to carbon capture and storage.

At a national level,

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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