Circular Facilities (London) Limited v Sevenoaks District Council (Record no. 75440)

MARC details
000 -LEADER
fixed length control field 02040cab a2200205 4500
001 - CONTROL NUMBER
control field L130074
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050620n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u130074
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Circular Facilities (London) Limited v Sevenoaks District Council
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 865 (Admin), 10 May 2005. Considers the basis upon which it decided that a property development company (C) had the requisite knowledge that land was contaminated for it to be an appropriate person upon which a local authority (S) could serve a remediation order for the purpose of the Environmental Protection Act 1990 s78F. Appeal by C against a decision that it was an appropriate person to receive a remediation notice in connection with contaminated land. The court found that C must have considered the soil inspection report identifying the contaminants at the site developed by C in the early 1980s and been aware of the contaminants and was therefore the appropriate person to serve the remediation notice. C contended that it did not know of the presence of the contaminants buried at the relevant time. "Held": appeal allowed. The judge's basis for concluding that C had knowledge of the contents of the soil report was unclear and he should have given clear reasons for his findings. He should have stated the factual evidence proving that a person who had considerable responsibility in connection with the development knew of the report's contents. The case was remitted for retrial. Remediation noticed withdrawn. Two parties settled out of Court . (See ENDS Report (375) April 2006, 17)
590 ## - LOCAL NOTE (RLIN)
Local note IKA210605
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ENVIRONMENTAL PROTECTION ACT 1990 S78
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CIRCULAR FACILITIES (LONDON) LTD V SEVENOAKS DC
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONTAMINATED LAND
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-ENVIRONMENTAL MANAGEMENT-ENVIRONMENTAL ASSESSMENT
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Admin/2005/865.html">https://www.bailii.org/ew/cases/EWHC/Admin/2005/865.html</a>
Public note View the decision free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 20/06/2005   L130074 130074-1001 06/08/2019 1 06/08/2019 Law report