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We previously reported on a case deemed to be amongst the most important of this century so far. The judgment released yesterday declared that the Government is in breach of the EU Air Quality Directive.
The Supreme Court confirmed that because of the breach “the way is open to immediate action at national or European level”. This is an important decision. The decision opens the path for the European Commission to bring infringement action against the UK. More importantly it allays fears that the court might shy away from the enforcement of European directives relating to the environment leaving the only recourse at EU level. The Court of Appeal had decided that “this is a matter for enforcement at European level, rather than domestic level”.
The matter has been referred to the CJEU before a decision is made as to further action to enforce the law.
With cross-country travel and in person gatherings largely prohibited due to the Covid-19 pandemic, the Courts are using remote or virtual trials to ensure the justice system ticks along.
View blog
From 1 January 2021 the state aid principles set out in the Trade and Co-Operation Agreement are incorporated into law by the EU (Future Relationship) Act 2020.
The Supreme Court has considered whether the applicable standard of proof in inquest proceedings should be to the criminal standard (beyond reasonable doubt) or the civil standard (on the balance of probabilities).
Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.
Senior Associate
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