Environmental liabilities, due diligence and insurance

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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 liabilities, due diligence and insurance content

Practice notes

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...

Produced in partnership with RPC 16th Jan

Practice notes

Disease compensation schemes

For obvious reasons claimant practitioners will concentrate efforts, at least in the first instance, on a common law claim through the civil courts in...

Produced in partnership with Andrew Wilson 16th Jan

Practice notes

Asbestos—elements of a claim

Elements of the claimA claimant who has developed disease as a result of exposure to asbestos needs to prove:•a duty of care and/or a statutory duty...

16th Jan

Precedents

Legal due diligence report—private M&A—share purchase

Project [insert project name]Prepared for [Insert addressee name][Insert date of report]INDEXReportA. IntroductionB. Executive summaryC. Detailed...

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—category four screening levels

What are Category 4 Screening Levels?Category 4 Screening Levels (C4SL) provide technical guidance for environmental consultants and regulators when...

Produced in partnership with Adam Czarnecki of Earth, Environmental & Geotechnical Ltd 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

Environmental investigations—phase 1 environmental audits

What is a phase 1 audit?Phase 1 environmental audits involve an independent review of an organisation’s environmental law compliance and management...

Produced in partnership with Argyll Environmental Ltd 15th Jan

Practice notes

Environmental civil sanctions—restoration notices

Reviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...

15th Jan

Practice notes

Types of planning enforcement

Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...

15th Jan

Practice notes

Commercial Property Standard Enquiries—CPSE

The Commercial Property Standard Enquiries(CPSEs) are a suite of documents prepared by members of the London Property Support Lawyers Group (LPSLG)...

15th Jan

Practice notes

Additional pre-contract searches

What additional searches should be undertaken?More specific searches and enquiries may be required depending on the property location, its surrounding...

15th Jan

Practice notes

Standard pre-contract searches

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

Practice notes

Property due diligence in corporate transactions

This Practice Note provides a summary of the purpose, nature and scope of the property aspects of the due diligence process that is carried out by the...

15th Jan

Practice notes

Insolvency transactions—the role of the environmental consultant (acting for administrator or in pre-pack deals)

'Caveat emptor', meaning 'let the buyer beware', is a common law principle meaning the seller is under no duty to disclose material facts to a...

Produced in partnership with RSK 15th Jan

Practice notes

Environmental consultants—selecting an environmental consultancy

Why use an environmental consultant?Environmental consultants provide expertise in a number of different areas, such as assessing environmental risk...

Produced in partnership with Argyll Environmental Ltd 15th Jan

Practice notes

Contaminated land—voluntary remediation

Owners of land affected by contamination may decide to remediate the land without formal action under the Environmental Protection Act 1990, Pt IIA...

15th Jan

Practice notes

Environmental insurance—contractors and consultants

Environmental insurance is a useful way of managing environmental risks stemming from the work carried out by contractors and consultants. For more on...

Produced in partnership with Duncan Spencer of EDIA 15th Jan

Practice notes

Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions

Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...

Produced in partnership with Craig Burman of Schofield Sweeney 15th Jan

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Environmental liabilities, due diligence and insurance

View Environment by content type:

Latest Environment News

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

Retained EU law—a guide for the perplexed

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

Challenges to the validity of retained EU law

Featured Environment content

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

What is a contract of insurance?

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

Compensation orders in criminal cases

Most recent Environmental liabilities, due diligence and insurance content

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A company’s constitution

Overreaching—sales by trustees of land

Constructive trusts

Sources of Shari'ah

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