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...
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...
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...
What are Category 4 Screening Levels? Category 4 Screening Levels (C4SL) provide technical guidance for environmental consultants and regulators when assessing land...
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...
When can enforcing authorities carry out remediation work? Enforcing authorities have power to do what is 'appropriate' by way of remediation under the Environmental...
Requirement for remediation Enforcing authorities must ensure that any land they identify as contaminated land under the Environmental Protection Act 1990, Pt IIA (EPA...
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...
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,...
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,...
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...
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...
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...
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...
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...
This Practice Note considers how civil liability is imposed when a person, typically (though not exclusively) an employee, suffers dermatitis due to exposure to...
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...
Produced in partnership with ELM Law Definitions Environment all or any of the following media: (a) air (including air within buildings or other structures and whether...
Produced in partnership with ELM Law Definitions Environment all or any of the following media: (a) air (including air within buildings or other structures and whether...
Definitions Environment all or any of the following media: (a) air (including air within buildings or other structures and whether below or above ground); (b) land...
Produced in partnership with ELM Law Definitions Environment all or any of the following media: (a) air (including air within buildings or other structures and whether...
An environmental audit may be undertaken: • as an element of due diligence, associated with the acquisition, divestiture or flotation of an organisation or its assets •...
Reviewed by Professor Richard Macrory Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal...
Reviewed by Professor Richard Macrory Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...
This Practice Note looks at the overlap of the environmental damage regime (EDR) with: • the environmental permitting regime (EPR) under the Environmental Permitting...
Updated in partnership with Begonia Filgueira of Foot Anstey The environmental damage regime (EDR) requires operators of activities responsible for serious environmental...
Produced in partnership with DLA Piper UK LLP Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the...
Produced in partnership with DLA Piper UK LLP Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the...
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...
