CHARLES MORGAN - Principal Areas of Practice

 

Environmental Law

 

Public and private law disputes relating to:

  • water resources and supply
  • statutory charging and licensing schemes
  • waste, sewage and effluent disposal
  • sewer flooding
  • land drainage
  • flood defence
  • bridges and weirs
  • rights in pipes
  • Pollution Prevention and Control
  • land restoration and aftercare
  • contaminated land
  • statutory nuisances

Environmental prosecution and defence work. 

Extensive and varied advisory practice covering all aspects of water law both regulatory and private. 

Named in Chambers & Partners Guide to the Legal Profession as a notable practitioner in Environmental Law:

2010:

    ..... maintains a robust practice in water supply and effluents disposal, acting for a range of clients in both prosecution and defence work.

 

2009:

    "Pragmatic and accessible", ...... attracts plaudits for his focus on water supply and effluent disposals.  "He really makes the effort to understand all the angles", notes one source.  The Environment Agency continues to tap his talents, most recently during an appeal by a utilities company involving a discharge consents dispute.

 

2008:

    ...... focuses on environmental and utilities law, and is highly regarded for his expertise in disputes relating to water supply and resources.  Clients praise his "talent for getting to grips with technical and legal issues with ease, accuracy and speed".

 

 

Regular advocate for the Environment Agency (panel Treasury Counsel) including:

    • at the ad hoc public inquiry in autumn 2001 into applications by Northumbrian Water Ltd. for consent to make discharges of sewage into the North Sea at Sunderland
       
    • in test appeals by Yorkshire Water Ltd. in 2006 against conditions imposed upon discharge consents relating to combined sewer overflows with pumped offline storage
       
    • in recent test appeals by United Utilities Water plc against conditions imposed upon discharge consents relating to wastewater treatment works in implementation of the Dangerous Substances Directive
       
    • in recent test appeals by United Utilities Water plc against conditions imposed upon discharge consents relating to combined sewer overflows in implementation of the Urban Waste Water Treatment Directive
       
    • in recent test appeals by United Utilities Water plc against conditions imposed upon discharge consents relating to combined sewer overflows in implementation of the Bathing Water Directive

    • in recent appeals by 6 sewerage undertakers following the final determination of c.4000 "deemed consents" granted on the privatisation of the water industry in 1989

  • R (oao Repic Ltd.) v Secretary of State for Business, Innovation and Skills and Environment Agency [2009] EWHC 2015 (Admin); [2010] Env LR 24; [2010] PTSR 550 (Administrative Court) - WEEE Directive and WEEE Regulations 2006 - whether Regulations properly implemented Directive - whether Environment Agency obliged to enforce Regulations - construction of Regulations
     
  • Environment Agency v R Newcomb & Sons Ltd. [2002] EWHC 2095 (Admin); [2003] Env LR 12 (p.288) (Administrative Court) - Environmental Protection Act 1990 section 33 - offence of deposit of controlled waste - construction and scope of exemption contained in paragraph 19 of Schedule 3 to the Waste Management Licensing Regulations 1994 - incidence of burden of proof of availability of exemption

  • National Rivers Authority v The Newcastle and Gateshead Water Company [1991] RVR 48 (House of Lords) - legality of charging scheme for water abstraction licences

Commercial Property


Landlord and tenant, covenants affecting land, development agreements, compulsory purchase and compensation, contaminated land, related planning issues.

  • Roberts v Howlett [2002] 1 P&CR 19 (p.234) (Ch.D.) - construction of restrictive covenant to use premises only as a single private dwellinghouse - letting to students for profit - whether breach of covenant
  • Colvin v Watson [2001] PLSCS 130 (Ch.D.) - construction of restrictive covenants binding a residential estate - covenant against building on less than quarter of an acre - criteria for determining area of plot - extent of power of estate committee to withhold consent to development  
     
  • Duffy v Newcastle United Football Co. Ltd. (2000) "The Independent" 7 July (Court of Appeal) - the "Save Our Seats" litigation - construction of  "bond" entitling holder to seat in stadium - circumstances in which seat could be changed - Unfair Contract Terms Act 1977
     
  • Royal Insurance Property Services Ltd. v Cliffway Ltd. [1996] EGCS 189 (Ch.D) - construction of rent review clause - whether clause permitted downward review - whether tenant entitled to initiate a review

Named in Chambers & Partners 2007 Guide to the UK Legal Profession as a notable practitioner in Property Law:



Property specialist Charles Morgan is especially well-regarded in Newcastle, boasting a high profile in local barrister circles.