2018

News and Legal Cases/Activity from Prospect Law

May:

  • Prospect receives the judgment transcript from Mr. Recorder Steven Rubin QC on the availability of confiscation proceedings brought under the Proceeds of Crime Act 2002 to convictions for offences involving the operation of unlawful HMO’s under sections 95(2) and 234(3) of the Housing Act 2004 – see link to the judgment (May 2018)
  • Prospect instructed to advise on an number of Feed in Tariff accreditation issues raised by Ofgem in connection with a new build hydro-electric installation in Mid Wales (May 2018)
  • Prospect instructed to advise a UK based waste regulatory organisation on various data protection issues (May 2018)
  • Prospect appears in Crown Court appeal against conviction relating to the development and use of contaminated land in Neasden, North London (May 2018)
  • Prospect instructed to advise a Middle East energy ministry on inter-governmental agreements affecting the construction of new power facilities (May 2018)
  • Prospect instructed to apply to the High Court for a restraint order concerning enforcement proceedings affecting the unlawful construction of property in London (May 2018)
  • Prospect instructed to advise on contractual documentation for a UK new build energy from waste plant (May 2018)

April:

  • Prospect receives written judgment in the case  of Elghanian v SSHCLG and Brent London Borough Council, ruling on the award of Second Respondents’ costs in permission hearings for statutory planning challenges under s.289 of the Town and Country Planning Act – see the order from Lang J (April 2018)
  • Prospect successfully defends an award of costs against Claimants, having acted on behalf of the developer of an Energy from Waste Plant in Judicial Review proceedings – See the order of Supperstone J dated 12th April (April 2018)
  • Prospect instructed to defend a statutory challenge in the High Court to an Enforcement Notice appeal Decision Letter by a Planning Inspector under s.289 of the Town and Country Planning Act 1990 concerning the unlawful development of property in London (April 2018)
  • Prospect receives the sealed order refusing permission by Supperstone J to a High Court challenge by Judicial Review to the grant of planning permission by Derby City Council for an Energy from Waste test plant – see link to the order and the transcript of Supperstone J’s judgment. (April 2018)
  • Prospect instructed to advise a Middle East Government Energy Ministry in relation to a GtoG Memorandum of Understanding on renewable energy technologies with an EU Government (April 2018)
  • Prospect instructed to advise an investment fund in relation to various corporate and commercial matters affecting the incorporation of a UK joint US/Middle East based health industry investment vehicle (April 2018)
  • Prospect instructed to advise in relation to a full range of planning, environmental, regulatory and commercial law matters affecting an energy from waste new build project in the East of England (April 2018)
  • Prospect instructed to appear in High Court Judicial Review proceedings concerning a challenge to a Magistrates’ Court conviction for various enforcement offences under s. 179(2) of the Town and Country Planning Act 1990 (April 2018)
  • Prospect instructed to appear at a Public Inquiry on behalf of Wokingham Borough Council concerning the unlawful development of land at Kybes Lane west of Reading in Berkshire and an appeal against an enforcement notice issued under the provisions of the Town and Country Planning Act 1990 (April 2018)

March:

  • Prospect’s submissions regarding the potential impact of Brexit on the UK’s obligations under the Euratom Treaty (as set out by the firm’s specialist nuclear and regulatory lawyers to the House of Commons Select Committee on Leaving the EU: energy and climate negotiation priorities) are identified within a House of Commons briefing paper – see link to the House of Commons Briefing Papers and Select Committee (March 2018)
  • Prospect makes presentation about Brexit, Euratom and Nuclear Liabilities at the annual Waste Management Symposia in Phoenix, Arizona – see link to Jonathan Leech’s presenter profile.                    List of exhibitors and Conference Program (March 2018)
  • Prospect instructed to represent a UK Energy From Waste development company in a renewed application to the High Court by a local resident for permission to Judicially Review the grant of planning permission for a test facility in Derby – see link to the Order refusing permission and the Renewal Application (March 2018)
  • Prospect instructed to advise a property development company in relation to planning and enforcement issues affecting the operation of an entertainment venue  in West London (March 2018)
  • Prospect instructed to advise in respect of nuclear liabilities affecting various international jurisdictions – see link to Prospect Law’s Nuclear Liabilities Map. (March 2018)
  • Prospect instructed to advise on contracts for IT services relating to transport of nuclear materials (March 2018)
  • Prospect instructed to advise an agricultural and sporting estate client on the potential availability of legal remedies to challenge the construction of a mobile telephone mast (March 2018)
  • Prospect instructed to advise on contracts for procurement and maintenance of transport containers for nuclear materials (March 2018)
  • Prospect instructed to advise a Middle Eastern government on commercial and regulatory issues concerning a potential agreement to join an international renewable energy association (March 2018)
  • Prospect instructed to develop contracts for nuclear waste disposal (March 2018)
  • Prospect instructed to advise a North American infrastructure and energy company on commercial and regulatory issues affecting a potential corporate acquisition in the UK (March 2018)

February:

  • Prospect successfully resists an application in the High Court for permission to Judicially Review the decision by District Judge Mark Jabbitt sitting at Willesden Magistrates’ Court to convict various firms and individuals for offences committed under the Town and Country Planning Act 1990 – see link to the client local authority’s Grounds of Opposition and the Order of Mrs Justice Lang (February 2018)
  • Prospect instructed by an international infrastructure service provider to advise on international nuclear liabilities risks (February 2018)
  • Prospect secures convictions, with compensation orders, costs and fines totaling over £50,000, for environmental offences under sections 179(2) and 179(5) of the 1990 Town and Country Planning Act against the freehold and leasehold owners and operators of an unlawful entertainment venue in London (February 2018)
  • Prospect instructed to advise on operation of contractual arrangements with the UK’s Nuclear Decommissioning Authority (February 2018)
  • Prospect instructed to advise a UK nuclear site operator on potential public procurement matters relating to nuclear decommissioning (February 2018)
  • Further national coverage for the ground breaking case run by Prospect Law for Brent London Borough Council concerning the application of the Proceeds of Crime Act 2002 to criminal offences involving the provision of overcrowded slum housing accommodation under s. 234(3) and 95 (2) of the 2004 Housing Act (February 2018)
  • Prospect secures permission by consent with the Government Legal Department for a substantive hearing in the High Court to Judicially Review amending legislation affecting the Renewable Heat Incentive (RHI) scheme passed in January 2017 on behalf of investors in UK Biomass projects (February 2018)
  • Prospect instructed to advise a government renewable energy programme in the Middle East on the proposed terms for its accession to an international solar power advisory organisation (February 2018)
  • Prospect instructed to advise a residents organisation in East Anglia on potential High Court Judicial Review proceedings against a decision of the Planning Inspectorate to refuse to hold a Public Inquiry into plans for a major wind farm development project (February 2018)
  • Prospect instructed to represent a London local authority in High Court proceedings concerning the amendment by Order of an injunction requiring compliance with a planning Enforcement Notice concerning the unlawful development of property (February 2018)

January

  • Prospect instructed to advise an international infrastructure company on contracting strategy, incentive arrangements and liabilities risks for major nuclear decommissioning projects (January 2018)
  • Prospect successfully defends a planning Enforcement Notice and secures costs against the developer of property in London following a Public Inquiry – see link to the PINS Decision Letter and Costs Decision (January 2018)
  • Prospect wins landmark ruling for Brent London Borough Council on the availability of confiscation proceedings brought under the Proceeds of Crime Act 2002 to convictions for offences involving rogue landlords running overcrowded, unsafe and insanitary Houses in Multiple Occupation under sections 95(2) and 234(3) of the Housing Act 2004 (January 2018)
  • Prospect instructed to advise an international infrastructure company on export control and security considerations relating to nuclear technologies and information (January 2018)
  • Prospect Law acts for an Energy from Waste Plan project developer in securing the dismissal in the High Court of an application for permission to Judicially Review the grant of planning permission for a test facility in Derby (January 2018)
  • Prospect instructed to represent a London based local authority in a preliminary hearing at the Crown Court concerning the application of the Proceeds of Crime Act 2002 to offences under s.95(2) and s.234(3) of the Housing Act, as reported in ITV Newsthe SunExpressMetro and Daily Mail (January 2018)
  • Prospect instructed by a nuclear site operator to advise on issues relating to development of international nuclear liabilities regimes (January 2018)
  • Prospect instructed by a UK energy network infrastructure company to advise on the availability of renewable heat incentive payments (January 2018)
  • Prospect issues a HRA 1998 Damages Claim against BEIS on behalf of a UK renewable energy firm in respect of changes to the RHI scheme in 2016 and 2017 (January 2018)
  • Prospect successfully defends an appeal against conviction for a number of environmental offences at Harrow Crown Court (January 2018)
  • Prospect instructed to prosecute Clear Channel UK in prosecution proceedings concerning a digital advertising hoarding on land close to the entrance to Wembley Stadium in North West London (January 2018)
  • Prospect Law’s applications for Judicial Review against Richmond Upon Thames London Borough Council’s decisions: (i) to issue a Lawful Development Certificate; and (ii) not to issue an Enforcement Notice, in respect of the development of residential house boats moored near to Kew Bridge in West London, is dismissed following a substantive hearing before Mrs Justice Lang DBE (January 2018)
  • Prospect instructed to defend Brent London Borough Council against Judicial Review proceedings issued in respect of the Council’s prosecution of a number of developers for planning and environmental offences (January 2018)
  • Prospect instructed to advise in relation to committal proceedings affecting a High Court injunction granted to prevent planning enforcement offences affecting property in London (January 2018)
  • Prospect represents a West Berkshire Borough Council at a Public Inquiry into conjoined section 78 and enforcement notice appeals concerning the development of land near Wokingham (January 2018)