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By Julian Acratopulo, Judith Seddon
As foreshadowed in our last client briefing and following the close of the consultation period early last month, the Sentencing Guidelines Council ("SGC") published its final definitive guideline on 9 February, setting out principles to guide courts in dealing with companies and organisations that cause death through a gross breach of care or where breach of health and safety requirements are a significant cause of the death.
By Julian Acratopulo, Lucy Callaghan, Emmeline Rushbrook
In July 2009 the UK Government published its White Paper "A Better Deal for Consumers: Delivering Real Help Now and Change for the Future".
By Julian Acratopulo, Judith Seddon
Notwithstanding the broader implications of a conviction for a work-related death under either the corporate manslaughter or health and safety legislation or both, companies may be able to breathe a little easier that they will not be faced with swingeing fines following on from the Sentencing Guidelines Council's ("SGC") rejection of the Sentencing Advisory Panel's ("SAP") recommendation that fines should generally be based on a percentage - potentially as high as 10% - of a company's average a
By Julian Acratopulo, Susan Poffley, Luke Tolaini
The UK Government has published its response to the Civil Justice Council's paper on collective redress, and says that it does not support a generic right of collective action.
By Clifford Chance Global Environmental Group
More than six months after the implementation period set forth under the Environmental Liability Directive, the German Environmental Damages Act has finally come into effect on 14 November 2007.
By Clifford Chance Global Environmental Group
On 1 June 2007 the EU's Regulation on the Registration, Evaluation and Authorisation of Chemicals "REACH" entered into force.
By Clifford Chance Global Environmental Group
The publication by the European Commission of proposed amendments to Directive 2005/35/EC on Ship-Source Pollution marks a new chapter in the long running dispute between the EU Council of Ministers and the European Commission, as to which institution has the power to legislate on criminal matters.
By Clifford Chance Global Environmental Group
Incomplete implementation of the EU Energy Performance Directive in Italy has caused complexity and confusion. New national legislation is now being progressed to resolve matters.
By Clifford Chance Global Environmental Group
A new environmental permitting regime was introduced in England and Wales on 6 April 2008 combining integrated pollution prevention and control and waste management activities.
By Clifford Chance Global Environmental Group
A new Act on water management in the Netherlands aims to provide integrated management and fulfil EU water objectives.
By Clifford Chance Global Environmental Group
A new Spanish Law on air pollution has been published and is likely to lead to increasingly strict controls on air emissions for many sectors.
By Clifford Chance Global Environmental Group
The EU Commission has unveiled its long-awaited (and delayed) climate change package containing a number of proposals in different areas to boost its policy on reducing carbon emissions.
By Michael Smyth, Hilary Plattern
The European Union (the EU) is the name now commonly given to the formal association of 25 European countries, or Member States, and is used to describe the geographical area covered by those countries as well as the abstract concept of the association. The establishment and operation of the EU is based on inter-governmental treaties by means of which the Member States have granted certain powers and functions to centralised EU institutions of which the most important are the European Commission
By Michael Smyth, Hilary Plattern
The European Union (the EU) is the name now commonly given to the formal association of 25 European countries, or Member States, and is used to describe the geographical area covered by those countries as well as the abstract concept of the association. The establishment and operation of the EU is based on inter-governmental treaties by means of which the Member States have granted certain powers and functions to centralised EU institutions of which the most important are the European Commission
By Simon James, Hilary Plattern
Clifford Chance’s survey of 175 businesses across eight countries in the European Union has revealed that some two-thirds of those businesses consider that there are still obstacles to cross-border trade within the EU. Over four-fifths of businesses would welcome an EU contract law to help overcome those obstacles – but only if it is optional. The same proportion of businesses regard it as important to be able to choose the governing law of their contracts.