Environmental issues in transactions

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Latest Environment News

Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

The following Energy news provides comprehensive and up to date legal information on Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

2021—a year of intense regulatory activity on net zero policy

The following Energy news provides comprehensive and up to date legal information on 2021—a year of intense regulatory activity on net zero policy

Challenges to the validity of retained EU law

The following Corporate Crime news provides comprehensive and up to date legal information on Challenges to the validity of retained EU law

Featured Environment content

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it....

What is a contract of insurance?

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...

Compensation orders in criminal cases

What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...

Practice notes

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional environmental enquiries

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...

Produced in partnership with ELM Law 12th Jan

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

General principles of insurance contract law

What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...

9th Nov

In-house

Practice notes

Waste types and controls—controlled waste

Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...

9th Nov

Practice notes

Forfeiture

The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...

9th Nov

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Appealing a conviction in the Crown Court

This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...

Produced in partnership with Doughty Street Chambers 12th Jan

Practice notes

Public nuisance—general principles

Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...

9th Nov

Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...

Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...

9th Nov

Most recent Environmental issues in transactions content

Practice notes

Directors' duties—a quick guide

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

18th Jan

Practice notes

Directors' duties—nature, scope, interpretation and application

Directors are the agents of a company who manage its day-to-day business and owe a number of duties to it. The Companies Act 2006 (CA 2006) codified...

18th Jan

Practice notes

Warranties and indemnities—asset purchase

An asset purchase agreement will typically include warranties and indemnities given by a seller in favour of a buyer.Why we need warranties and...

18th Jan

Practice notes

Unauthorised or harmful deposit, treatment or disposal of waste

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

18th Jan

Practice notes

The EU Disclosure Regulation—one minute guide

BREXIT: 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...

Produced in partnership with Lora Froud of Macfarlanes and Tiffany Cox of Macfarlanes 17th Jan

Practice notes

The EU Taxonomy Regulation—one-minute guide

This one minute guide, written in partnership with Philippa List, professional support lawyer, and Mikhaelle Schiappacasse, partner at Dechert,...

Produced in partnership with Philippa List of Dechert and Mikhaelle Schiappacasse of Dechert 17th Jan

Practice notes

Global and EU sustainable finance initiatives

In response to the Paris Agreement, governments and intra-governmental organisations launched a number of measures to promote sustainable finance. To...

Produced in partnership with Kathryn Emmett, Rosa Mottershead, Rob Marsh, Andrew Hedges, Imogen Garner and Cara Dowling of Norton Rose Fulbright 17th Jan

Practice notes

The Equator Principles

The Equator Principles (EPs) are a risk management framework for determining, assessing and managing environmental and social risk in project...

17th Jan

Practice notes

Sustainable securitisations

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Mindy Hauman of White & Case, Chris McGarry of White & Case and Debashis Dey of White & Case 17th Jan

Practice notes

Sustainability-linked loans

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Alec Buchanan of White & Case and Mindy Hauman of White & Case 17th Jan

Practice notes

Fire safety in the workplace—regulatory requirements

This Practice Note covers regulatory requirements relating to fire safety in the workplace. It covers fire safety requirements in an office-based...

Produced in partnership with Melanie O'Brien of DG Legal 15th Jan

Practice notes

Steps an Insolvency Practitioner (IP) should take when faced with contaminated land

Background to the contaminated land regime (the regime)What is it?Contaminated land is any land which appears to the local authority in whose area it...

Produced in partnership with Bond Dickinson LLP 15th Jan

Practice notes

Disclaiming environmental permits

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Ashurst LLP 15th Jan

Practice notes

R&I spotlight on environmental law

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Emma Sadler of Addleshaw Goddard 15th Jan

Practice notes

When an Insolvency Practitioner (IP) can become personally liable for breaches of environmental law

Sources of environmental liabilityThere are three main sources of potential personal liability under environmental law that IPs should be aware of....

Produced in partnership with Ashurst LLP 15th Jan

Practice notes

Sustainable finance—recent news

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

15th Jan

Practice notes

Environmental insurance—when is it needed?

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with Argyll Environmental Ltd 15th Jan

Practice notes

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...

Produced in partnership with ELM Law 15th Jan

Practice notes

Contaminated land—interaction with other regimes

Contaminated land'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a...

15th Jan

Practice notes

Energy performance certificates (EPCs)—issues for commercial landlords and tenants

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...

15th Jan