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Burges Salmon LLP

Living Wage
ONE GLASS WHARF, BRISTOL, BS2 0ZX, ENGLAND
Tel:
Work 0117 939 2000
Fax:
Fax 0117 902 4400
DX:
7829 BRISTOL
Email:
Web:
www.burges-salmon.com
Bristol, Edinburgh, London

Main work contacts

CategoryContact
Senior Partner Chris Seaton
Managing Partner Roger Bull
Banking and Finance Richard Leeming
Commercial Helen Scott-Lawler
Corporate Richard Spink
Dispute Resolution David Hall
Employment Adrian Martin
Private Client Services John Barnett
Projects Ian Salter
Real Estate Services Colin Ligman
Business Crime and Regulatory Investigations David Hall
Competition Chris Worrall
Construction and Engineering William Gard
Corporate Restructuring and Insolvency Andrew Eaton
Data Protection Andrew Dunlop
Defence Mark Paterson
Education Matthew Ramus
Environment Michael Barlow
Food and Farming Tom Hewitt
Health and Safety Ann Metherall
Healthcare Patrick Parkin
Hotels, Leisure and Tourism Richard Read
Insurance Kari McCormick
Intellectual Property and Media Jeremy Dickerson
International Trade Paul Browne
Pensions Services Richard Knight
Planning and Compulsory Purchase Gary Soloman
Procurement and State Aid John Houlden
Retail Matthew Sims
Sport Jeremy Dickerson
Tax Sarah Lane
Technology and Communications Jeremy Dickerson
Energy Power and Utilities Ross Fairley
Financial Services Kari McCormick
Infrastructure William Gard
Private Wealth Beatrice Puoti
Public Sector John Houlden
Real Estate Richard Clark
Transport Chris Jackson
Community Engagement John Houlden
Pro Bono Michael Hayles
Recruitment Holly Fey (0117 307 6360 )

Legal Developments by:
Burges Salmon LLP

  • Restoring environmental damage: putting a price on ecosystem services

    On 7 August 2009 a 40-inch pipeline ruptured, spilling 5,400 cubic metres of crude oil into the soil and groundwater of La Crau nature reserve in southern France, a habitat protected under French and European law. The operator had to excavate and replace 60,000 tons of soil, install 70 wells to pump and treat groundwater and 25 pumps to skim oil from surface water, at a cost in the region of €50m. However, this was just the primary remediation (that is, restoring the site to the state it would have been if the damage had not occurred). The operator was also required to compensate for the damage to the habitats and the loss of the ecosystem services that would otherwise have been provided by La Crau nature reserve. Measures included purchasing land outside of the nature reserve and contributing to its management for a period of 30 years (over €1m), monitoring the water table for 20 years (over €500,000), monitoring fauna over three years (€150,000) and rehabilitation in accordance with best available ecological techniques (nearly €2m). Overall, the compensatory restoration (to compensate for the amount of time that the ecosystem was impacted) and complimentary restoration (to compensate for elements of the ecosystem that had been permanently lost) came to more than €6.5m. 

    - Burges Salmon LLP

Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‘centre of life test’ in Surinder Singh cases?

    In the recent case of  ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan   [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess  Surinder Singh  cases that appear before them.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  
  • Can Sole Representatives Be Shareholders?

    The Immigration Rules require that an applicant for a  sole representative visa  is not “a  majority shareholder in the overseas business”.
  • Immigration Skills Charge - A Guide for Employers

    As a Sponsor, you may be required to pay the Immigration Skills Charge (ISC) each time you sponsor a migrant in the  Tier 2 General  or  Intra-Company Transfer (ICT) Long-term Staff  subcategory.
  • 5 FAQS about paragraph 320(11)

    In applications for entry clearance where the applicant has a negative immigration history in the UK, the application may be refused under the general grounds for refusal, which are found in part 9 of the Immigration Rules. Where an applicant has  ‘previously contrived in a significant way to frustrate the intentions of the Immigration Rules’,  the application could be refused under paragraph 320(11). In this post we look at five frequently asked questions about paragraph 320(11). 
  • Multiple nationality and multiple citizenship (including dual nationality and dual citizenship)

    British nationality law permits multiple nationality and multiple citizenship, including dual nationality and dual citizenship.
  • Applying for Indefinite Leave to Remain in the Exceptional Talent or Promise Category

    The  Exceptional Talent  and Exceptional Promise categories are for individuals who are recognised leaders or emerging leaders in their field of expertise. There are a number of endorsing bodies for lots of different fields of work, including  artists and musicians ,  architects ,  digital experts ,  scientists  and  academics . While there isn’t an endorsing body for every expert, the growing list means that many individuals could enjoy the flexibility that this category has to offer. 
  • PARALLEL PROCEEDINGS – CIVIL AND CRIMINAL

    Syedur Rahmanconsiders the factors that determine when civil proceedings can go ahead before,or at the same time as, criminal proceedings relating to the same circumstances.
  • Rights of appeal after the Immigration Act 2014

    The Immigration Act 2014 (“the 2014 Act”) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal. The  explanatory notes  to the 2014 Act state that the Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed in s.82 of the  Nationality, Immigration and Asylum Act 2002  (“the 2002 Act”). As explained below, whether or not the refusal of an immigration application currently generates a right of appeal depends on the subject matter of the application rather than its categorisation.