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Latest Environment News

Lloyd’s comes under fire over offshore drilling insurance

The following Environment news provides comprehensive and up to date legal information on Lloyd’s comes under fire over offshore drilling insurance

What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

Relevant relationship agreement law—a guide for the perplexed

The following Corporate Crime news provides comprehensive and up to date legal information on Relevant relationship agreement law—a guide for the perplexed

Upper Tribunal law and procedure—publicity, information rights and data protection, application of Tribunal Procedure Rules 2008 (DVLA v Information Commissioner)

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 Q&As content

Q&As

Can a landowner whose field is flooded by water escaping from a neighbour's broken pipes bring a claim in nuisance, despite the Transco case stating that water pipes are not a non-natural use of land?

Nuisance claims can be broadly categorised into private nuisance (interference with the use/enjoyment of land causing injury), public nuisance (an...

22nd Jan

Q&As

The Secretary of State proposes to temporarily acquire a strip of land which is contaminated land, with a view to developing it as part of the HS2 railway line. The current owner has the benefit of a contamination indemnity from the previous owner, which was subject to a condition not to develop the land. How can the current owner ensure that they will be indemnified in respect of the contamination once the land is eventually transferred back to them following development?

It may firstly be worth checking the terms of the existing contamination indemnity to see whether it would be nullified by the acquiring authority’s...

22nd Jan

Q&As

If a sales agreement is silent as to environmental liabilities, what is the position? If an actionable nuisance comes to light after the property has been sold (such as escape of water onto neighbouring property) who is liable; (a) the party that caused the nuisance, or (b) the owner of the property at the time the nuisance is discovered? Is there a Precedent contract clause which states that the seller retains liability for actionable nuisance, if it can be shown that they caused the issue?

Position where the contract for sale is silent in relation to environmental liabilitiesIf a contract for the sale of land is silent in relation to...

22nd Jan

Q&As

Is a landowner required to provide an energy performance certificate on the grant of an option?

This Q&A raises the effect of the grant of an option and the impact it has upon owners of land under the Energy Performance of Buildings (England and...

22nd Jan

Q&As

Is an EPC required for a remortgage on a commercial property?

There has been since 2008 an obligation to have an Energy Performance Certificate (EPC) (subject to certain exceptions) wherever a property is built,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

How do MEES regulations affect farmhouses which are already let under old-style Agricultural Holdings Act 1986 tenancies? Are farmhouses regarded as residential properties for the purposes of these regulations or are they mixed properties?

What do the MEES regulations provide?The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI...

22nd Jan

Q&As

Is an energy performance certificate required in the following circumstances: 1) A couple own a house and they have separated. One agrees to buy the other out? 2) Would the position be different if no money changes hands? 3) If a person gives their house to a relative (eg father to son)?

The seller or the prospective landlord must make an energy performance certificate (EPC) available to 'a prospective buyer or tenant' free of charge...

22nd Jan

Q&As

Where a property has an energy performance certificate rating of F or G and a landlord has registered a consent exemption under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962, can a landlord withhold consent to assignment of the lease by the tenant, where the assignment will automatically bring the exemption to an end?

Part 3 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962 (MEES Regulations,) apply to what are...

22nd Jan

Q&As

By reference to the Energy Performance of Buildings (England and Wales) Regulations 2012 and the latest Department for Business, Energy and Industrial Strategy guidance, do you need an energy performance certificate for a listed building and as a consequence do listed buildings fall within the minimum energy efficiency requirements?

The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regulations), SI 2012/3118 have been in force since 9 January 2013. They...

22nd Jan

Q&As

What does coronavirus (COVID-19) mean for environmental compliance in areas such as environmental permitting?

What issues of compliance might arise?Permit holders are generally expected to comply in full with the terms and conditions of their permit. However,...

22nd Jan

COVID-19

Q&As

What legislation protects priority habitats? What powers does Natural England have over priority habitat which has not been designated a site of special and scientific interest, special protection area or special areas of conservation? Does it have control over how the land should be managed?

It is assumed that this query relates to habitats in England.Defining priority habitatsPriority natural habitat is defined under the Habitats...

Produced in partnership with Hannah Payne of Browne Jacobson 8th Jan

Q&As

What can a developer do where the sewerage undertaker refuses to allow them to run surface water drains over land where a local authority has been given the right to construct and lay a pipe for public use?

Case studyThis Q&A is considered in the context of the following case study:•there is no record of an easement having been granted upon which the...

Produced in partnership with Stephen Murch of 42 Bedford Row 8th Jan

Q&As

Is it an offence under section 33(1)(a) of the Environmental Protection Act 1990 for a householder to enter a local authority refuse site or amenity site with household waste but in a ‘commercial vehicle’ and without a ‘commercial vehicle’ license which is required to enter the site?

Section 33(1)(a) of the Environmental Protection Act 1990 (EPA 1990) provides that it is an offence to:‘…deposit controlled waste [or extractive...

Produced in partnership with Denis Edwards of Normanton Chambers 8th Jan

Q&As

Is coronavirus (COVID-19) a reportable disease under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)?

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), SI 2013/1471 sets out a scheme by which various deaths, injuries...

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

COVID-19

Q&As

A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and has since been removed. The landlord has obtained the health and safety executive notification of asbestos work and also the consignment note for the removal of the asbestos. Does the landlord still need to provide to the tenant an up-to-date asbestos survey or is the documentation showing the removal of the asbestos sufficient?

The regulation of asbestos in commercial buildings is contained with the Control of Asbestos Regulations 2012, SI 2012/632 (the Regulations) which...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan

Q&As

Would decommissioning a site be subject to the polluter pays principle? Would this be subject to state aid? Would accepting historic risks be subject to the polluter pays principle?

The ‘polluter pays’ principle is a fundamental principle of EU environmental law. It is enshrined in Article 191 of the Treaty on the Functioning of...

Produced in partnership with Denis Edwards of Normanton Chambers 8th Jan

Q&As

What if a seller has purchased CRC allowances that haven't been surrendered?

What if a seller has purchased CRC allowances that haven't been surrendered?As a result of the prospective sale of part or all of his undertaking, a...

Produced in partnership with Noy Trounson of DLA Piper 8th Jan

Q&As

Is a supermarket car park (owned by the supermarket) a ‘public place’ or ‘place’ to which section 87 of the Environmental Protection Act 1990 applies (offence of leaving litter)?

It is assumed that the supermarket car park is open to the air or, if covered, is open to the air on at least one side.The lawSection 87 of the...

Produced in partnership with Denis Edwards of Normanton Chambers 8th Jan

Q&As

What is the law on installing charging points on pavements?

Under the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596, Sch 2 Pt 12, Class A permitted development...

Produced in partnership with Kevin Leigh of 33 Bedford Row 8th Jan

Q&As

What is the limitation period for bringing a prosecution for failing to pay a fixed penalty notice under section 33ZA of the Environmental Protection Act 1990?

Section 33ZA of the Environmental Protection Act 1990 (EPA 1990) provides for a penalty notice to be issued and complied with instead of a conviction...

Produced in partnership with Denis Edwards of Normanton Chambers 8th Jan

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Q&As

View Environment by content type:

Latest Environment News

Lloyd’s comes under fire over offshore drilling insurance

What does IP completion day mean for the status of EU law in the UK?

Relevant relationship agreement law—a guide for the perplexed

Upper Tribunal law and procedure—publicity, information rights and data protection, application of Tribunal Procedure Rules 2008 (DVLA v Information Commissioner)

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 Q&As content

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Community order requirements

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

The equity of redemption

The Single Rulebook

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