Environmental Health Practitioners (EHPs) need to interpret and apply a wide range of different legislation. They need to be aware of case law set by the higher courts, and the difference between binding and persuasive precedence. When dealing with new laws or legal points that have not been the subject of case law, EHPs need to understand how the courts are likely to interpret such provisions, and they need to steer their lawyers and the lower courts and tribunals towards those matters which have already been decided.
This session will cover the key issues for members by discussing recent case law relevant to environmental protection and pollution control and noise, highlighting the background, decisions, and potential impacts. There will be an examination of the increasing impact of the Human Rights Act on regulatory decisions.
After the session, delegates will have a better understanding of:
- The importance and limitations of case law
- How the different courts and tribunals fit together
- Which parts of a judgement set precedence
- How conflicting decisions are resolved
- Some important recent decisions affecting environmental protection
- Some important recent decisions with wider relevant impact
CPD: 1 hour