Water, flooding and drainage

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Practice notes
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
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 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
Practice notes
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 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Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...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
Practice notes
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?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—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 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 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
Practice notes
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 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 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 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 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 Water, flooding and drainage content

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...
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1st Aug
Q&As
Do statutory water undertakers have the power to lay foul sewers on private land?Companies in the privatised water industry in England and Wales...
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Produced in partnership with Christopher Snell of New Square Chambers 1st Aug
Q&As
Where a private sewer connects to a public sewer, is the water authority under a duty not to adversely affect the private system when they carry out...
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Produced in partnership with Helen Galley of XXIV Old Buildings 1st Aug
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...
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Produced in partnership with Denis Edwards of Normanton Chambers 1st Aug
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...
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1st Aug
Practice notes
Trade effluent consents and agreements—when are they required?Consent or agreementA consent, or an agreement, needs to be entered into with a local...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 31st Jul
Practice notes
Water pollution—legislationDischarges of pollutants to surface water, groundwater or public sewer generally require an environmental permit or...
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31st Jul
Q&As
What can you do when floods, strikes and other superior forces leave a contract unfulfilled?Force majeureForce majeure in its literal translation...
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31st Jul
Practice notes
Groundwater Directive 2006/118/EC—snapshotTitleDirective 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the...
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31st Jul
Practice notes
Agricultural diffuse pollution—regulation and enforcementAgricultural diffuse pollutionDiffuse agricultural pollution is contamination of the soil,...
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31st Jul
Practice notes
Water industry regulation—key featuresBrexit Impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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31st Jul
Practice notes
Nitrates Directive 91/676/EEC—snapshotTitleCouncil Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution...
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Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 31st Jul
Practice notes
Flood management and drainage—landowner rights and responsibilitiesSources of rights and responsibilities for flood management and drainageThe law...
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Produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon 31st Jul
Practice notes
Hazardous substances—above ground oil storageThe Control of Pollution (Oil Storage) (England) Regulations 2001 (the English Regulations), SI 2001/2954...
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31st Jul
Practice notes
Water Framework Directive—snapshotBrexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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31st Jul
Practice notes
Land Drainage Act 1991—snapshotTitleLand Drainage Act 1991Entry into Force1 December 1991Transposition DeadlineN/AAmendmentsEnvironment (Wales) Act...
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Produced in partnership with Michael Barlow and Simon Tilling of Burges Salmon LLP 31st Jul
Practice notes
Reservoir registrationWhat is a reservoir?The Reservoirs Act 1975 (RA 1975), as amended by (FWMA 2010), applies only to 'large raised reservoirs',...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 31st Jul
Practice notes
Bathing Water Directive 2006/7/EC—snapshotTitleDirective 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the...
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Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 31st Jul

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