Delighted Client | Environment Agency Prosecution
Kangs Solicitors has recently defended a client charged with five counts under the Environmental Permitting (England and Wales) Regulations 2010 (‘the Regulations’) at St Albans Crown Court.
John Veale, Partner and Head of Regulatory Law at Kangs Solicitors explains how this highly favourable result was achieved in this long running case in circumstances where our client faced, inter alia, a potential custodial sentence.
Kangs Solicitors is rated as one of the best criminal law firms in the country being ranked in both the leading legal directories, Chambers & Partners and Legal 500.
Our team is led by Hamraj Kang who is recognised as a leading expert in the field of criminal law. He is ranked in the top tier by both the leading directories, the Legal 500 and Chambers & Partners.
Other members of the team are ranked in the Legal 500 and Chambers & Partners.
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The Allegations | Kangs Illegal Waste Offences Defence Solicitors
Our client, as director of the defaulting company, was charged by The Environment Agency, with:
- five breaches of the Regulations
- which had occurred on two separate sites
- involving bringing onto site Trommel Fines, over a long period of time, in disregard to advice received during a number of visits from Environment Agency Officers
Trommel Fines
- Trommel fines consist of material arising from the mechanical treatment of waste
- This material resembles soil and has mainly been used to cover a landfill which has become full
- There are varying categories of Trommel fines attracting different liability to tax and, if certain criteria are met, substantial tax benefits become available, which is why companies want their Trommel Fines to criteria for the lower rate of tax
How We Assisted Our Client | Kangs Landfill Offences Defence Solicitors
Our client contended that there had been no breach of the Environmental Permit under which the company operated and that he was simply a salaried director who did not exercise any control over the company’s activities.
By way of preparation for Trial, the Team at Kangs Solicitors:
- attended our client taking his detailed instructions upon all of the circumstances which had led to the allegations
- examined all available evidential material
- identified and instructed an appropriate expert to consider the situation and prepare a Report for production at Trial
Following consideration of the advice given to him, our client wished to plead guilty in so far as it was appropriate in limited circumstances. Accordingly, in order to resolve the issues as favourably as possible for our client we:
- drafted a Basis of Plea setting out his position
- prepared detailed mitigation circumstances
- entered into negotiations with the Prosecution
The Favourable Outcome | Kangs Environment Agency Solicitors
At the Sentencing Hearing and following consideration by the Court of all the mitigation submitted on his behalf, our client:
- was fined £1450, and
- ordered to pay Prosecution costs of £8000
Given that the Prosecution had been seeking £25,000 in costs, our client could have received a custodial sentence, been made subject to a Confiscation Order against all of his assets, been subjected to a Director Disqualification Order and become liable for remediation costs for clearing up the sites, our client was, naturally, extremely delighted with the result which had been achieved by the Team at Kangs Solicitors on his behalf.
How to Contact Us | Kangs Environmental Law Solicitors
If you become subject to investigation by the Environment Agency or any other prosecuting authority you should seek professional advice immediately.
If we can be of assistance, our Team is available via telephone 0333 370 4333 and by email info@kangssolicitors.co.uk.
We provide initial no obligation discussion at our three offices in London, Birmingham and Manchester.
Alternatively, discussions can be held virtually through live conferencing or telephone.
