Environmental liabilities, due diligence and insurance

Environmental liabilities, due diligence and insurance guidance:

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

Practice Note

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...

Precedents

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...

Precedents

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

Practice Note

Why are lenders concerned about environmental risk? The ever growing number of environmental laws has affected the way that lenders perceive environmental risk and has...

Practice Note

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

Practice Note

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

Practice Note

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

Practice Note

Due diligence in contaminated land transactions Lambson Fine Chemicals Ltd v Merlion Capital Housing Ltd [2008] All ER (D) 116 (Feb) highlights the importance of...

Practice Note

When can costs be recovered by an enforcing authority? Subject to the Environmental Protection Act 1990, ss 78J(7) and 78K(6) (EPA 1990), an enforcing authority is...

Practice Note

When can enforcing authorities carry out remediation work? Enforcing authorities have power to do what is 'appropriate' by way of remediation under the Environmental...

Practice Note

Requirement for remediation Enforcing authorities must ensure that any land they identify as contaminated land under the Environmental Protection Act 1990, Pt IIA (EPA...

Practice Note

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

Practice Note

Meaning of remediation 'Remediation' is given a relatively wide definition in the Environmental Protection Act 1990, Pt IIA (EPA 1990). It may involve a range of actions,...

Practice Note

What is contaminated land risk assessment? Risk means: • the likelihood that harm, or pollution of water, will occur as a result of contaminants in, on or under the land,...

Practice Note

What is a remediation notice? A remediation notice is a formal written notice that requires an 'appropriate person' to carry out the remediation of contaminated land...

Practice Note

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

Practice Note

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...

Practice Note

What environmental offences require mens rea? While most environmental offences are characterised by strict liability, a limited category require an element of mens rea...

Practice Note

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...

Practice Note

Purchasers and vendors consider a range of issues when undertaking due diligence during a commercial transaction for acquisition or sale of a businesses and its...

Practice Note

Liability The leading case on damage to property caused by encroaching tree roots is Delaware, in which the House of Lords stated that liability is to be determined by...

Practice Note

1 Please provide full details of the Company’s compliance with the CRC Energy Efficiency Scheme (the initial phase: 1 April 2014 – 31 March 2019) (CRC Scheme), including:...

Precedents

This Practice Note considers how civil liability is imposed when a person, typically (though not exclusively) an employee, suffers dermatitis due to exposure to...

Practice Note

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

Practice Note

This Practice Note provides an overview of the purpose, nature and scope of the due diligence process that is carried out by a potential buyer prior to the acquisition of...

Practice Note