Environmental risks and liabilities

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Practice notes
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...
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20th Oct
Practice notes
The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos...
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1st Oct
Practice notes
Introduction to subsidenceSubsidence occurs when the ground underneath a structure is unable to support it effectively.Many factors can trigger...
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25th Sep
Practice notes
What is land remediation relief?Land remediation relief (LRR) is a relief from corporation tax for expenditure on remediating contaminated land or...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 25th Sep
Practice notes
On 13 April 2016, the Law Society issued an updated practice note on contaminated land. Prior to this, the practice note dated 18 December 2014,...
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25th Sep
Practice notes
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...
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25th Sep
Practice notes
What are invasive non-native species?Invasive Non-Native Species (INNS) are plants and animals that have been introduced to an area outside of their...
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25th Sep
Practice notes
This Practice Note sets out the key legal issues pertaining to the Water Services Regulation Authority (Ofwat) and regulation of the water and...
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25th Sep
Practice notes
Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...
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25th Sep
Practice notes
Brexit impactAs 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...
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25th Sep
Practice notes
Japanese knotweed was introduced to the UK in the 19th century as an ornamental garden plant. It had been used in Japan to stabilise sand banks and...
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25th Sep
Practice notes
What is a wildlife licence?A wildlife licence is required to carry out any activity prohibited under wildlife legislation, including to:•kill or take...
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25th Sep
Practice notes
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...
Read More >
25th Sep
Practice notes
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....
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25th Sep
Practice notes
What are invasive species?‘Invasive species’ are those plants and animals that have the potential to occupy land, spread or grow in a manner that...
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25th Sep
Practice notes
Private nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. That...
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25th Sep

Most recent Environmental risks and liabilities content

Practice notes
LiabilityThe leading case on damage to property caused by encroaching tree roots is Delaware, in which the House of Lords stated that liability is to...
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25th Sep
Practice notes
Brexit impactAs 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...
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25th Sep
Practice notes
Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...
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25th Sep
Practice notes
Environmental enforcement principlesThree principles form the basis of environmental protection in the UK:•the preventative principle—promotes the...
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25th Sep
Practice notes
The environmental damage regime (EDR) requires operators of activities responsible for serious environmental incidents to prevent and remedy the...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 25th Sep
Practice notes
Meaning of remediation'Remediation' is given a relatively wide definition in the Environmental Protection Act 1990, Pt IIA (EPA 1990). It may involve...
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25th Sep
Practice notes
Legal requirementsThere is a legal presumption that any non-domestic buildings (and the common parts of domestic buildings) whose construction was...
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25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
Read More >
25th Sep
Practice notes
Brexit impactAs 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...
Read More >
25th Sep
Practice notes
Reviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...
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25th Sep
Practice notes
This Practice Note looks at the overlap of the environmental damage regime (EDR) with:•the environmental permitting regime (EPR) under the...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 25th Sep
Practice notes
What environmental offences require mens rea?While most environmental offences are characterised by strict liability, a limited category require an...
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25th Sep
Practice notes
When can enforcing authorities carry out remediation work?Enforcing authorities have power to do what is 'appropriate' by way of remediation under the...
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25th Sep
Practice notes
Private nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or...
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25th Sep
Practice notes
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....
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25th Sep
Practice notes
What is a phase 1 audit?Phase 1 environmental audits involve an independent review of an organisation’s environmental law compliance and management...
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25th Sep
Practice notes
What are Category 4 Screening Levels?Category 4 Screening Levels (C4SL) provide technical guidance for environmental consultants and regulators when...
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25th Sep
Practice notes
What is a remediation notice?A remediation notice is a formal written notice that requires an 'appropriate person' to carry out the remediation of...
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25th Sep
Practice notes
Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...
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Produced in partnership with Craig Burman of Schofield Sweeney 25th Sep
Practice notes
Reviewed by Professor Richard MacroryBrexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with...
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25th Sep

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