2018

News and Legal Cases/Activity from Prospect Law

October:

  • Nuclear: Prospect is invited to attend the bi-annual meeting of the International Nuclear Lawyers Association (INLA) in Abu Dhabi from 4-8 November 2018 – click here to see further information about the event (October 2018)
  • Judicial Review: Prospect receives a High Court Order from Mrs. Justice Beverley Lang refusing an application for permission to bring Judicial Review proceedings in the case of Farrukh Riaz v Willesden Magistrates Court, Harrow Crown Court and Brent London Borough Council – see link to the Order (October 2018)
  • Corporate: Prospect closes on a management buy-out deal  concerning the restructuring and internal sale of a London based professional practice (October 2018)
  • Electrical Engineering: Prospect instructed to provide technical advice and drafting assistance relating to the formulation of an official complaint on the amount of a grid connection quote on behalf of a UK-based solar park developer (October 2018)
  • Immigration: Prospect instructed to provide immigration advice on visa applications for senior executives of a North American infrastructure developer and operator involved in tenders to run UK public facilities (October 2018)
  • Human Rights Act: Prospect instructed to advise on a linked application for Judicial Review and a claim for damages under the 1998 Human Rights Act concerning the application of rules by Ofgem affecting subsidy payments for renewable energy installations installed  at health care facilities in the UK (October 2018)
  • Employment: Prospect instructed to advise on employment law issues affecting a director level employee at a major UK energy facility (October 2018)
  • Public Law: Prospect instructed to provide advice to a UK company seeking declaratory relief and the payment of compensation for damage caused through a series of BEIS run consultation exercises (October 2018)
  • Planning Enforcement: Prospect instructed to advise Camden London Borough Council on various issues concerning a prosecution under s. 179(2) of the 1990 Town and Country Planning Act for failure to comply with an Enforcement Notice (October 2018)
  • Planning: Prospect instructed to represent a north London local panning authority in a High Court application under s. 289 of the 1990 Town and Country Planning Act concerning unlawful car park development near Wembley Stadium (October 2018)
  • Brexit: Prospect invited to deliver a talk on Brexit and the Environment at the Waste Facilities Audit Association (WFAA) conference in Chester – see link to WFAA agenda (October 2018)

September:

  • Prospect Law is invited to address the London Lawyers in Local Government (LLG) Prosecutions Special Activity Area (SAA) on the implications of recent case law for the application of the Proceeds of Crime Act (POCA) 2002 to Council led prosecutions against developers for offences under the Housing Act 2004, and specifically the consequences of the judgment in the Prospect Law led case of Brent London Borough Council v Sanjay Shah & Others from February 2018 in relation to Sumal & Sons (Properties) Limited v London Borough of Newham [2012] EWCA Crim 1840see link to Edmund Robb’s article on the Shah judgment (September 2018)
  • Prospect instructed to advise a local planning authority on a High Court statutory challenge under section 289 of the Town and Country Planning Act concerning a planning enforcement appeal affecting the development of property in London (September 2018)
  • Prospect instructed to represent Brent London Borough Council in Judicial Review proceedings in the High Court concerning retention of unlawful development in London (September 2018)
  • Prospect instructed to advise a UK based developer of biomass systems in public health institutions on accreditation issues with Ofgem (September 2018)
  • Prospect instructed to represent Wokingham Borough Council in injunction proceedings brought under section 187B of the Town and Country Planning Act 1990 to prevent the continued unlawful development of land in West Berkshire (September 2018)
  • Prospect instructed to provide further property law advice in respect of a major energy from waste development project in north Lincolnshire (September 2018)
  • Prospect instructed to provide immigration law advice to a North American infrastructure conglomerate to assist in a tender to operate a UK infrastructure facility (September 2018)
  • Prospect instructed to advise on various company secretarial matters in respect of the quarterly main members meeting of the Radioactive Material Transport Users Committee (September 2018)

August:

  • Prospect invited to write an article for Lexis Nexis reporting on the key messages of the sector deal between the UK government and the nuclear industry – see the link to the article here (August 2018)
  • Prospect instructed by a UK based electricity regulator to advise on various legal and technical aspects of a proposed Pricing Order for electricity produced by renewable energy systems (August 2018)
  • Prospect instructed to represent a Biomass system developer in a dispute with Ofgem over the cancellation of system accreditation and the withdrawal of payments under the Renewable Heat Incentive (RHI) scheme (August 2018)
  • Prospect instructed to represent a local authority at Central London County Court in an injunction hearing concerning an application for a Restraint Order in a planning enforcement dispute over the unlawful development of property (August 2018)
  • Prospect receives judgment from the High Court in Judicial Review proceedings brought against the UK government for alterations made to the Renewable Heat Incentive (RHI) scheme for Biomass systems in January 2017 – see the link to the judgment of Lord Justice Flaux here (August 2018)
  • Prospect instructed by a UK based radioactive waste management organization on GDPR compliance issues affecting a suite of contractual documentation (August 2018)
  • Prospect instructed to provide further advice and to commence work on the key commercial documentation for the MBO of a UK architectural practice (August 2018)
  • Prospect instructed to provide further advice on property law documentation for a new build Energy from Waste (EfW) plant in the East of England (August 2018)
  • Prospect instructed to advise on drafting GDPR compliant privacy notices for a UK based law firm (August 2018)
  • Prospect instructed to advise a UK based insurance broker on alleged breaches of contractual post-termination restrictions affecting employees (August 2018)
  • Prospect instructed to advise on a potential statutory challenge under section 288 of the Town and Country Planning Act 1990 (August 2018)

July: 

  • Prospect invited to moderate a speakers panel on various Renewable Energy issues in the context of Saudi Arabia’s Vision 2030 on the theme of “Oil and Beyond” (July 2018)
  • Prospect represents a number of UK biomass developers and investors at the High Court in London between 3-4 July in Judicial Review proceedings against BEIS concerning alterations announced in August 2016 and January 2017 to the Renewable Heat Incentive (RHI) scheme (July 2018)
  • Prospect Instructed by a UK based photographic company on the contractual implications of GDPR and drafting relevant Privacy Notice (July 2018)
  • Prospect instructed to advise a far eastern energy plant developer on environmental and other regulatory requirements affecting a major construction project at a UK energy installation (July 2018)
  • Prospect instructed to represent a major UK waste handling company in an adjudication referral concerning damage allegedly caused to a water utility installation in London (July 2018)
  • Prospect receives a Planning Inspector’s Decision Letter following a Public Inquiry into an appeal against an Enforcement Notice under section 174 of the Town and Country Planning Act 1990 concerning the development of land at Kybes Lane near Reading – see link to the decision letter  (July 2018)
  • Prospect instructed to represent a Local Planning Authority in a Court of Appeal challenge against convictions secured under s. 179(2) of the Town and Country Planning Act 1990 for the unlawful operation of entertainment venues in North London (July 2018)
  • Prospect instructed to advise a renewable energy developer in respect of potential litigation concerning disputed leasehold interests in a UK ground based solar installation (July 2018)
  • Prospect instructed to advise in an employee/public sector dispute concerning disciplinary procedures, grounds of appeal and dismissal for gross misconduct (July 2018)
  • Prospect instructed to represent Brent London Borough Council at Harrow Crown Court in a Threshold Issues hearing under the Proceeds of Crime Act 2002 in the case of Harsha Shah, Chandni Shah, Jaydipkumar Valand and Sanjay Shah (July 2018)
  • Prospect instructed to carry out a full audit check of UK employment, IT security, health & safety, financial and other regulatory systems on behalf of a major North American infrastructure corporate (July 2018)
  • Prospect instructed by an airline employee to advise on on exit terms, review of settlement agreement terms (July 2018)

June:

  • Prospect instructed to advise a UK energy from waste developer on planning and environmental issues concerning potential enforcement action and prosecution for alleged breaches of conditions governing a variety of operational issues including emission levels (June 2018)
  • Prospect instructed to advise an international energy and infrastructure corporate in relation to a major UK government infrastructure tender (June 2018)
  • Prospect instructed by a UK nuclear site license company to advise on nuclear liability risk issues associated with the disposal of radioactive waste (June 2018)
  • Prospect receives a Decision Letter from the Planning Inspectorate regarding an appeal where Prospect acted for the local planning authority against the refusal of planning permission under Section 78 of the Town and Country Planning Act and concerning the development of land for a Gypsy Traveller site at Nelsons Lane near Hurst in West Berkshire – see link to the decision letter (June 2018)
  • Prospect instructed by two UK nuclear regulatory organisations to advise on the implications of the 2018 General Data Protection Regulations (June 2018)
  • Prospect instructed to advise a contractor in relation to health and safety regulatory issues following an incident affecting ongoing operations at a UK infrastructure development (June 2018)
  • Prospect resumes attendance at the adjourned Public Inquiry into the development of land adjacent to Nelsons Lane near Wokingham in West Berkshire (June 2018)
  • Prospect instructed to advise a major US infrastructure and energy corporate on regulatory issues affecting its UK subsidiary (June 2018)
  • Prospect instructed to advise in relation to employment and health and safety issues affecting operations at a UK aircraft maintenance company (June 2018)
  • Prospect instructed to liaise with Ofgem in relation to regulatory issues affecting the accreditation of hydro-electric installations in the UK (June 2018)

May:

  • Prospect instructed to advise a UK energy utility company on contractual and other legal issues concerning financing arrangements for alleviation of fuel poverty (May 2018)
  • Prospect instructed to advise a UK nuclear site licence company on the procurement of services for major infrastructure developments at a nuclear licensed site (May 2018)
  • 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 by a UK utility infrastructure provider to advise on alterations to an alliance agreement (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 an international energy and infrastructure corporate in relation to a major UK government infrastructure tender (May 2018)
  • Prospect instructed to advise a UK based waste regulatory organisation on various data protection issues (May 2018)
  • Prospect instructed to advise on the implications of Brexit for the UK’s radioactive waste handling obligations (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)
  • Prospect instructed to advise a UK energy utility company on data protection issues concerning the development of market testing materials for vulnerable energy users (May 2018)

April:

  • Prospect instructed by a UK nuclear site licence company to advise on nuclear liability risk issues associated with the disposal of radioactive waste (April 2018)
  • 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 advise a UK energy corporate on contractual issues concerning processing radioactive waste materials (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 a UK energy operator on procurement issues concerning the supply of radioactive waste containers and associated services (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)