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Latest Environment News

Environment weekly highlights—10 June 2021

Environment weekly highlights—10 June 2021

The following Environment news provides comprehensive and up to date legal information on Environment weekly highlights—10 June 2021

Insurance brokers urged to consider climate litigation risks

Insurance brokers urged to consider climate litigation risks

The following Environment news provides comprehensive and up to date legal information on Insurance brokers urged to consider climate litigation risks

Putting the sun in a box—the search for marketable nuclear fusion technology

Putting the sun in a box—the search for marketable nuclear fusion technology

The following Energy news provides comprehensive and up to date legal information on Putting the sun in a box—the search for marketable nuclear fusion technology

Environment weekly highlights—3 June 2021

Environment weekly highlights—3 June 2021

The following Environment news provides comprehensive and up to date legal information on Environment weekly highlights—3 June 2021

Featured Environment content

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

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...

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshotTitleUnited Nations Convention on the Law of the Sea (UNCLOS)Parties168Adopted10...

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

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....

Control of asbestos—duty to manage

Control of asbestos—duty to manage

The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos...

Practice notes

Commercial property transactions toolkit (EHS issues)—environmental enquiries

Commercial Property Standard Enquiries (CPSE)The Commercial Property Standard Enquiries (CPSE) have become the industry-standard pre-contract...
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Produced in partnership with ELM Law 19th May
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...
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Produced in partnership with ELM Law 19th May
Practice notes

Energy Performance Certificates (EPCs) for commercial property in Scotland

Energy Performance Certificates (EPCs) for commercial property in ScotlandHow do EPCs apply to commercial property in Scotland?This Practice Note...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 19th May
tag iconScottish Law
Practice notes

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
Practice notes

Private nuisance—general principles

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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19th May
Practice notes

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
tag iconBrexit
Practice notes

Highway drains and culverts

For the purposes of s 100 of the Highways Act 1980, a ‘highway drain’ is defined as including a ditch, gutter, watercourse, soak-away, bridge,...
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Produced in partnership with John Bates of Old Square Chambers 19th May
Practice notes

What is a contract of insurance?

What is a contract of insurance?This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an...
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Produced in partnership with RPC 19th May
Practice notes

Regulation (EU) No 517/2014 on fluorinated greenhouse gases—snapshot

Regulation (EU) No 517/2014 on fluorinated greenhouse gases—snapshotTitleRegulation (EU) No 517/2014 of the European Parliament and of the Council of...
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19th May
Practice notes

Waste types and controls—controlled waste

Waste types and controls—controlled wasteControlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection...
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19th May
Practice notes

Energy and Brexit—Euratom and the UK Nuclear Sector

Energy and Brexit—Euratom and the UK Nuclear SectorWhat is Euratom?The Treaty establishing the European Atomic Energy Community (‘the Euratom Treaty’)...
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Produced in partnership with Ian Truman of Burges Salmon 19th May
tag iconBrexit
Practice notes

BREEAM key requirements

BREEAM key requirementsWhat is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating...
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Produced in partnership with Author of the WSP Group 19th May
Practice notes

Flood reinsurance—the Flood Re scheme

Flood reinsurance—the Flood Re schemeBackground to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as...
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Produced in partnership with Groundsure and Burges Salmon 19th May
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...
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19th May
Practice notes

Forfeiture of property following conviction

Forfeiture of property following convictionThe power of the court to order the forfeiture of property under the Sentencing Act 2020The Sentencing Act...
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19th May
Practice notes

Environmental permitting—flood risk activities

Environmental permitting—flood risk activitiesHistory of flood defence consentsThe ‘old’ system of flood defence consents, prior to 6 April 2016,...
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Produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon 19th May

Most recent Q&As content

Q&As

When purchasing property are CRC enquiries still relevant where the purchaser is a CRC participant but the developer of the property is not a CRC participant?

When purchasing property are CRC enquiries still relevant where the purchaser is a CRC participant but the developer of the property is not a CRC...
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8th Jun
Q&As

Are there any special considerations when purchasing a residential property that has solar panels which are owned by the current property owner?

Are there any special considerations when purchasing a residential property that has solar panels which are owned by the current property owner?Owned...
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Produced in partnership with Julie Morrissy of Irwin Mitchell 6th Jun
Q&As

Regulation 45 Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015(MEES Regs 2015) provides that the amount of an unpaid financial penalty is recoverable from the landlord of domestic or non-domestic property as a debt owed to the enforcement authority. Which court and what process should be used?

Regulation 45 Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015(MEES Regs 2015) provides that the amount of an unpaid...
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6th Jun
Q&As

Where a company sells an interest in a petroleum revenue tax (PRT) paying oil field and retains some decommissioning liability, is it able to claim decommissioning relief for PRT? How does the relief interact with relief for decommissioning expenditure in respect of ring fence taxes?

Where a company sells an interest in a petroleum revenue tax (PRT) paying oil field and retains some decommissioning liability, is it able to claim...
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6th Jun
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?

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...
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6th Jun
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)?

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...
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6th Jun
Q&As

Where does the authority come from which requires developers to enter into an agreement with water companies when they want to develop land which is close to a public sewer as per the 2011 Transfer regulations? In other words, where does the statutory power come from that gives water companies the right to ask for permission to develop on the land?

Where does the authority come from which requires developers to enter into an agreement with water companies when they want to develop land which is...
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6th Jun
Q&As

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

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...
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6th Jun
Q&As

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency standards regulations post 1 April 2018?

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency...
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6th Jun
Q&As

Do the Police have power to issue notices under section 46 of the Environmental Protection Act 1990? Could they be granted delegated power to issue notices but reserving the prosecution to the local authority in the event of noncompliance?

Do the Police have power to issue notices under section 46 of the Environmental Protection Act 1990? Could they be granted delegated power to issue...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 6th Jun
Q&As

What are wayleave compensation payments for electricity wayleaves and what happens if they can’t be agreed?

What are wayleave compensation payments for electricity wayleaves and what happens if they can’t be agreed?Any holder of a licence under the...
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6th Jun
Q&As

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway drain? Does a highway authority own it/have power to grant rights to drain into it?

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway drain? Does a highway authority own it/have power...
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6th Jun
Q&As

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

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)...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
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?

How do MEES regulations affect farmhouses which are already let under old-style Agricultural Holdings Act 1986 tenancies? Are farmhouses regarded as...
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5th Jun
Q&As

Can a local highway authority grant a licence to a third party who is not a statutory undertaker to discharge water from private drains into the highway drainage system?

Can a local highway authority grant a licence to a third party who is not a statutory undertaker to discharge water from private drains into the...
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Produced in partnership with Denis Edwards of Normanton Chambers 5th Jun
Q&As

Who has the maintenance and repair responsibilities for a river embankment where it abuts a highway?

Who has the maintenance and repair responsibilities for a river embankment where it abuts a highway?The owners of the land on either side of the river...
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5th Jun
Q&As

What is the definition of ‘establishment or undertaking’ within the context of offences under section 33 of the Environmental Protection Act 1990? Would a self-employed person fall within the definitions of ‘undertaking or establishment’?

What is the definition of ‘establishment or undertaking’ within the context of offences under section 33 of the Environmental Protection Act 1990?...
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5th Jun
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?

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...
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5th Jun
Q&As

Is it an offence to pump water cleared from one gully (potentially contaminated gully emptyings) into another gully? Do gully emptyings fall within one of the categories of waste listed in the List of Wastes Regulations 2005 (eg street-cleaning residues)?

Is it an offence to pump water cleared from one gully (potentially contaminated gully emptyings) into another gully? Do gully emptyings fall within...
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5th Jun
Q&As

Does the Control of Substances Hazardous to Health Regulations 2002, SI 2002/2677 implement EU legislation?

Does the Control of Substances Hazardous to Health Regulations 2002, SI 2002/2677 implement EU legislation?These regulations (Control of Substances...
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5th Jun

Popular documents

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt, with reference to CPR 72. The order directs a third party who owes money to the judgment debtor to pay that

Pre-action disclosure—the application

Pre-action disclosure—the application

Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to subsequent proceedings. It provides guidance on how to make such an application for disclosure before proceedings

Derivative claim—what it is and when to use it

Derivative claim—what it is and when to use it

Derivative claim—what it is and when to use itA guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action) is a claim brought or continued by a shareholder on behalf of the company in relation to a breach of

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)