Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents occurring from...
Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote section 47 of the Health and Safety at Work etc Act...
Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from investigation to...
1 Definitions Asbestos means asbestos or asbestos-containing materials of any sort whatsoever Asbestos Claim means a claim arising, at any time before the date by which...
Produced in partnership with DLA Piper UK LLP 1 The Vendor shall indemnify and keep indemnified the Purchaser against any and all Asbestos Liabilities. Asbestos...
This Practice Note is part of the Environmental transactions asset purchase toolkit. It has been produced in partnership with ELM Law. Technical due diligence If there...
The asset purchase agreement (APA) will typically be drafted during the preliminary or due diligence phase and finalised during this phase. Negotiations will extend right...
Sellers will often use a virtual data room (a restricted access internet site set up by a service provider on behalf of the sellers, as distinct from a ‘physical’ data...
This Practice Note is part of the Environmental transactions asset purchase toolkit. It has been produced in partnership with ELM Law. EHS questionnaire The buyer’s...
In the due diligence phase the buyer’s lawyers and other advisers have the opportunity to investigate the legal, technical and financial performance of the target...
This Practice Note is part of the Environmental transactions asset purchase toolkit. It has been produced in partnership with ELM Law. When is an indemnity needed? If...
When is environmental insurance appropriate? Environmental insurance may need to be considered in the following situations: • an environmental report identifies...
For more information, see: Post-completion environmental issues (asset purchase)—checklist. Deal with any EHS issues highlighted in the legal due diligence report Legal...
The majority of the completion and post-completion tasks in an asset purchase transaction are undertaken by the corporate lawyers, such as: • completion meeting • filing...
Heads of terms The acquisition of a business (the target business) will begin with agreement of the main commercial terms including price, deal structure, due diligence...
Reviewing technical reports If a technical environmental report was obtained by the buyer during the due diligence phase (or provided by the seller in the data room), it...
Acting for a seller The Precedent: EHS warranties—asset purchase agreement—seller’s version contains a minimal set of environment, health and safety (EHS) warranties when...
This Practice Note is part of the Environmental transactions asset purchase toolkit. It has been produced in partnership with ELM Law. The note sets out the environmental...
Increased emphasis on climate change and carbon emissions reduction is affecting corporate transactions. In addition to schemes such as the EU Emissions Trading Scheme...
Legal requirements There is a legal presumption that any non-domestic buildings (and the common parts of domestic buildings) whose construction was completed before 2000...
The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos and make it clear...
The Control of Major Accident Hazards Regulations 2015 (COMAH 2015), SI 2015/483, aim to prevent major work place accidents occurring and put in place controls, so that...
Industrial diseases The Control of Substances Hazardous to Health Regulations 2002 (COSHH), SI 2002/2677, is one of the most important health and safety laws for any...
What environmental offences require mens rea? While most environmental offences are characterised by strict liability, a limited category require an element of mens rea...
A parent company is not responsible for the acts or omissions of its subsidiary simply by virtue of its status as parent. Each subsidiary has separate corporate...
