Professor Simon Payne
Profiles

Professor Simon Payne

Emeritus Professor

Faculty of Arts, Humanities and Business

Biography

Biography

Deputy Vice-Chancellor International and Planning

Qualifications

After undertaking his LLB(Hons) at the University of Nottingham and Law Society exams at the College of Law Guildford, Simon trained as a solicitor with Bond Pearce in Plymouth. He specialised in commercial and property litigation as an assistant solicitor. In 1992 he was appointed as Senior Lecturer in Law at the University Of Plymouth and became Head of Law in 1999 and Head of School in 2004. Simon was appointed Professor of Property and Environmental Law in 2005 taking account of his publication profile particularly in pollution regulation. In 2012 Simon was appointed Pro Vice-Chancellor (International) and Dean of Academic Partnerships. Simon was appointed Deputy Vice-Chancellor in January 2015 and holds responsibility for international strategy and University planning.

Professional membership

Law Society

Research

Research

Research interests

Environmental law with particular emphasis on water law and marine environmental protection - fisheries and the environment - nature conservation and the use of indicators in environmental law.

Other research

Recent Conference Papers

Fifth International Conference on Environmental, Cultural, Economic and Social Sustainability – Judicial Attitudes and Contributions to the Sustainability Discourse – Mauritius - Jan 2009

Third International Conference on Environmental, Cultural, Economic and Social Sustainability - Are Judges Literate in Sustainability? (with Lowther and Gray Donald) – Chennai – January 2007

Educating Lawyers for Transnational Challenges - Understanding Law And Legal Systems Across Boundaries – Challenging Jurisdictional Exclusivity In Law Teaching By The Use Of Indicators – Hawaii – May 2004

o GEF First International Waters Conference - Legal and Policy Aspects of the Global International Water Assessment Causal Chain Methodology – Budapest – October 2000

o International Environmental Law - ‘Common Law and the environment - limits and parameters’ - Hawksmere/University of Cambridge - April 1999

o International Environmental Law - ‘Liability in the Common Law System’ - Hawksmere/University of Cambridge - July 1998

Editorial Roles

o Assistant Editor Water Law (Wiley Chancery) – 1997-date The editorial responsibilities for this refereed journal include writing a commentary six times a year on recent developments in pollution law and policy and a case law overview – probably 30000 words each year as well as reviewing articles.

o Environmental Case Note Editor Student Law Review 1992-date (Cavendish Publishing).

o General Editor of Commercial Environmental Law and Liability 1993-date (Two volume loose-leaf - Sweet & Maxwell - 1993 -updated twice yearly – now on Release 19 with a team of six authors and an average of 200 pages per release.

o Editor Environmental Law (UK Environmental Law Association Journal) 1997-2000.

Research degrees awarded to supervised students

Page - The Enforcement of Environmental Law in England and Wales (2000) - PhD

Heard - An Investigation into the Nature and Activity of Marine Campaigning by Environmental NGOs in the UK (2002) - MRes

Staniland - Options and Potential for Effective Management of the Atlantic Grey Seal Population in the Cardigan Bay c SAC (2001) - MRes

Grants & contracts

Recent Projects undertaken with the PERC Environmental Policy Unit/Marine and Coastal Policy Research Group

o UN Environment Programme/Global Environment Facility project Global International Waters Assessment – I was responsible for designing the environmental governance aspects of the project working with a Research Fellow and led a small team of international external advisors – funding approx. £17000.

o Oceana - research on the strategic aims and tactical approaches of marine non governmental organisations and pressure groups in Europe for a new global NGO establishing a presence in Europe – funding US$50000 to date.

o Oceana - The New EU Common Fisheries Policy - An Assessment of the Strategic and Tactical Opportunities to Pursue Protection of the Marine Environment – funding 50000 euro.

Publications

Publications

Journals

Recent Articles

o Environmental Law Update – (2004) Solicitors Journal SJ Vol.148 Pages 864-866

o Environmental Law Update – (2003) Solicitors Journal SJ Vol.147 Pages 955-957

o Environmental Law Update – (2002) Solicitors Journal SJ Vol.146 Pages 975-977

o Environmental Law Update - (2001) Solicitors’ Journal - Vol 145 pp 881-883

o Nature Conservation and habitat protection – the Countryside and Rights of Way Act 2000 – Student Law Review (2001) Vol 32 pp 34-37

o Environmental Law Update - (2000) Solicitors’ Journal - Vol 144pp 705-707

o Environmental Law Update - (1999) Solicitors’ Journal - Vol 143 pp 869-871

o Pollution Prevention and Control Bill and IPPC Directive – Student Law Review (1999) Vol 27 pp 31-33

o Environmental Assessment - (1999) Solicitors’ Journal Vol 143 pp 652-653

o Environmental Law Update - (1998) Solicitors’ Journal Vol 142 pp 861-862

o Water Pollution: Causation and Liability - (1998) Solicitors’ Journal Vol 142 pp 272-273

o Environmental Law Update - (1997) Solicitors’ Journal Vol 141 pp 86-87

o Environmental Enforcement - Some Comparisons from the USA - (1995) Env Law Vol 8 Nos 3 & 4 pp 22-25

o Environment Act (1) - (1995) Solicitors’ Journal Vol 139 No 42 pp1100-1102

o Environment Act (2) - (1995) Solicitors’ Journal Vol 139 No 43 pp1142-1144

o Environmental Law Update - (1996) Solicitors’ Journal Vol 140 pp 867-868

Refereed Journal Articles

Sustainability as Law: Perceptions and Knowledge of Sustainable Development Concepts in Supreme Courts(with Lowther J and Sellick J) International Journal of Environmental, Cultural, Economic and Social Sustainability, Vol 5, Issue 3, pp.305-318.

Sustainable development and the role of judges: From international agreements to national laws.(with Lowther, J. and Gray-Donald, J.) International Journal of Environmental, Cultural, Economic and Social Sustainability Vol 3 Issue 5 pp 193-204

o Clean Up and Indemnity: A Postscript to Cambridge Water (2003) Journal of Environmental Law Vol 15 No 2 pp 202-239

o Water Framework Directive – the Second Consultation Paper – (2002) Water Law Vol 13 No 5 32-37

o From Carrots to Sticks - Natural Habitat Protection after the Countryside and Rights of Way Act 2000 Environmental Law & Management Env Law Mgmt (2001) Vol.13 No.5 Pages 239-248.

o Enforcing Discharge Consent Conditions - (1997) Water Law Vol 8 No 2 pp73-76

o Law and Policy applicable to Conservation of SSSIs subject to Eutrophication - (1996) Journal of Water and Environmental Management Vol 10 No 5 pp 348-355 (with Wilson, O'Sullivan and Gibson)

o Sewage Pollution of Beaches - Liability and Clean Up - (1994)Water Law 183-187

o Nature Conservation and Development - (1994) Journal of Planning and Environment Law 979-985

o Variation and Enforcement of Planning Conditions - (1993) Conv. pp 119-128

o Too Conservative a Solution? The Conservation Area Test - (1992) Modern Law Review Vol. 55 pp 726-732

Books

Books and Chapters

Sustainability – Is it legal? The benefits and challenges of introducing sustainability into the law curriculum (with Lowther J and Varnava T) – Chapter in Sustainability Education: Perspectives and Practice across Higher Education (Earthscan 2010)

o Statutory Nuisance – Law and Practice (with McCracken, Jones and Pereira) (Butterworths - 2001)

o Commercial Environmental Law and Liability(with Lomas) (Longman 1993)(I am not only General Editor but also the most substantial single author of this work).

o Handbook of Environmental Law (with Jackson, Polden) (Environmental Law Foundation/Longman - 1994).

o Chapter contribution to Student Law Review Yearbooks 1993-2001.

o Angling and the Law (Mervyn Unwin) (1998) (with Carty)

Other Publications

Selected case notes and commentaries

I have published case notes and commentaries on recent developments in the Student Law Review and Water Law for many years. I also wrote the survey and critique of recent developments and Editorial column for Environmental Law whilst I was Editor – this is just a selection.

o Water Pollution and the Emergency Defence – Express Dairies v Environment Agency – Student Law Review (2003) Vol 40 pp 31-33

o Protection of Sea Turtles under European Law - Commission v Greece – Student Law Review (2002) Vol 36 pp 32-34

o Control of Pollution Commentary - Water Law (2002) Vol 13 No 1 pp 65-68

o Prosecution Round Up - Water Law (2001) Vol 12 No 6 pp 312-322

o CITES in the European Union – R v Sissen – Student Law Review (2001) Vol 33 pp 36-37

o Current Survey Control of Pollution – Water Law (2001) Vol 12 No 4 pp 127-133

o Current Survey Control of Pollution – Water Law (2001) Vol 12 No 1 pp 16-24

o Statutory Nuisance and sewage discharges – R v Falmouth and Truro Port Health Authority ex p South West Water Ltd – Student Law Review (2000) Vol 31 pp 40-42

o Sentencing for Environmental Offences – R v Milford Haven Port Authority - Student Law Review (2000) Vol 31 pp 40-42

o Meaning of Discharge – Van Rooij v Dagelijks Bestuur van bet Waterschep de Dommel – Student Law Review (2000) Vol 30 pp 39-41

o Environmental legislation and insolvency – Re Mineral Resources; Re Celtic Extraction; Re Wilmott Trading -–Student Law Review (1999) Vol 28 pp 38-40

o Water Pollution – Meaning of Cause - Empress Car Company v National Rivers Authority (1998) Student Law Review Vol 24 pp 30-32

o Clinical Waste and Environmental Enforcement – Re Green Environmental Industries – (1998) Student Law Review Vol 23 pp 31-33

o Knowingly causing waste deposits – Shanks & McEwan v Environment Agency – (1997) Student Law Review Vol 22 pp 37-39

Personal

Personal

Reports & invited lectures

Recent Research Reports

o The New EU Common Fisheries Policy - An Assessment of the Strategic and Tactical Opportunities to Pursue Protection of the Marine Environment (2003)

o Role and Strategy of Marine ENGOs within Europe (2001)

o Developing a Coalition and Strategy on Cetacean By Catch (2003)

Conferences organised

UK Environmental Law Association Conference 2003 (Plymouth) with Sarah Holmes (Bond Pearce)

Other academic activities

British Council Prime Ministers Initiative funding for development of joint teaching programmes with Universities of Colombo and Kelaniya Sri Lanka (with Kasturiratne and Lean) £35000 - 2010