Expert Defence for Environmental Allegations

Allegations Under s.34: What have I done wrong?

Being accused of failing your duty of care under s.34 of the Environmental Protection Act 1990 can seem unexpected and even unfair. The law places strict responsibilities on individuals and businesses handling waste, and failing to comply can result in serious penalties.

Organisations such as the Health & Safety Executive or local authorities may lead investigations. They can come in heavy handed from the outset causing severe disruption to your business without any offence even being established. There can be a complete lack of willingness to engage or simply try and solve the problem in a reasonable way. This can all seem like an unfair violation and make your business feel targeted.

The legal system often assumes guilt until innocence is proven, leaving you in an uphill battle from the start. Blame can often be directed at one individual or business for mistakes that may have been made by others.

Complex regulations & presumed guilt make it feel impossible to fight

Defending allegations under s.34 is difficult for several reasons.

Environmental laws are intricate and heavily regulated. Strict definitions of "duty of care" can be difficult for a busy organisation to keep on top of. If you're accused of neglecting your responsibilities, the burden often falls on you to prove that every necessary precaution was taken. What often seems most unfair is that a person or organisation can end up committing an offence without even knowing it.

It can seem that investigators and prosecutors appear to have great resources and all the momentum targeted against you or your business.

This can feel overwhelming and even have an impact on the reputation and finances of your business. This may also have a knock on effect for anyone else associated such as employees or shareholders who you feel responsible for.

It may seem to you that there is a sensible conversation which could resolve matters but that the other side don't even appear willing to listen.

You do not just have to accept what they say

While the prosecution may seem to have an advantage, this does not mean you just have to accept an allegation.

It is never too early to instruct a solicitor who specialises in Environmental Law Breach of duty cases. An early conversation with a lawyer who understands this area can help at least ease some of the early anxiety and even improve the situation before it gets worse.

The right legal team will instruct expert witnesses to explain and interpret the legal requirements and the best way to satisfy them. This helps you challenge the idea that you failed in your duty of care.

Instructing a specialist barrister to obtain detailed advice can also be done, even during the investigation stage. Sensible, proactive engagement with the investigator can sometimes resolve matters before they even get to court. This will help you regain some control of a difficult situation.

Building a defence can happen now

Our team will help you feel reassured that you are now dealing with experts. When facing accusations, the actions you take in the early stages are critical. We will aim to guide you through this.

Our specialist Environmental law solicitors start by listening to you and working out what has really happened. After gathering as much information as possible, we will focus on finding any weak points in the prosecution’s case. Even in the most challenging situations, we ensure that your position is properly put across and that your organisation and colleagues are treated fairly.

We have the best technical experts and specialist barristers on hand. Our aim is always to see if we can stop an investigation before it gets charged, and if a case has already reached court, ensuring you have the best chance of winning.

Our award winning team deals with major health and safety law prosecutions in the UK, including the ongoing Grenfell Tower Fire criminal investigation.

You can already consider what to do

• Do contact an experienced solicitor specialising in Environmental Law immediately to begin building your defence.

• Do gather any evidence that demonstrates you followed proper procedures in managing waste and maintaining your duty of care.

• Do try to remain calm and avoid making any public statements or admissions that could be used against you.

• Call us and speak to one of our specialist environmental law solicitors.

• Do stay informed and involved in the process, and ensure your family is kept in the loop to ease the emotional toll.

• Don’t attempt to handle this matter without expert legal representation.

• Don’t assume the case will resolve itself without professional help — these accusations carry serious consequences.