In this section: Legal defence and mitigation statements
Legal Defence and Mitigation Statements
If you only found out about Peak because of a spillage or accidental release then this is probably our most important service. Over 66% of cases can be settled without prosecution and the subsequent adverse publicity.
Even when environmental damage has already occurred and the regulators are considering prosecution there are steps a responsible organization should take.
At Peak we aim to set up a dialogue with the regulators and independently assess the harm done to the environment. We then prepare a mitigation or defence statement on your behalf for submission to the regulatory authorities
Environmental Regulators can withhold prosecution if there is no long term damage and the company responsible makes every effort to ensure that future incidents are prevented.
This service can be vital in avoiding the escalating legal costs and court fines associated with such cases.
Fines in Crown Court are now unlimited for pollution offences, and the maximum in Magistrates Court is £20,000. Given these facts, the cost of this service (an average fee is approximately £750) continues to be one of Peak’s most beneficial services to industry.
Peak are one of few UK Consultancies to have helped defend clients and secured not guilty verdicts for prosecutions brought by the Environment Agency.
We have even managed to have proceedings dropped after summons have been issued.
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