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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.
In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.
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Under the ET Rules, all judgments and accompanying written reasons must be published on a pubic register which the general public can access online.
Last month, the Information Commissioner’s Office (ICO) announced notice of its intention to fine (NOI) Marriott International, Inc. £99m for infringements of the GDPR.
On 16 July 2019 the Serious Fraud Office released details of the Deferred Prosecution Agreement reached with Sarclad Ltd in July 2016.
Senior Associate
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