Water, flooding and drainage

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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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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 12th Jan
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan
Practice notes
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...
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9th Nov
Practice notes
Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...
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9th Nov
Practice notes
What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...
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9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
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 12th Jan
Practice notes
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...
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9th Nov
Practice notes
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...
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Produced in partnership with ELM Law 12th Jan
Practice notes
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...
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Produced in partnership with RPC 12th Jan
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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9th Nov

Most recent Water, flooding and drainage content

Practice notes
Applications for consentApplication processThe owner or occupier of trade premises who wishes to discharge trade effluent into the public sewer of a...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 9th Mar
Practice notes
Properties currently at risk1.4 million properties in Great Britain are at risk from river flooding and up to three times that number from surface...
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Produced in partnership with Jill Boulton of JBA Risk Management Limited 9th Mar
Practice notes
Clean-up liabilities are legal and financial obligations to remediate pollution or contamination pursuant to:•statute, eg a pollution incident which...
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9th Mar
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 9th Mar
Practice notes
Effects of flooding on underlying assetsFlooding can give rise to a number of issues in the context of a banking or finance transaction. This Practice...
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Produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon 9th Mar
Practice notes
MaintenanceEvery sewerage undertaker has a duty to ensure that its sewers and lateral drains are cleaned and maintained so that its area is, and...
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Produced in partnership with John Bates of Old Square Chambers 9th Mar
Practice notes
A sewerage undertaker is the company appointed by the Secretary of State or Ofwat to be the sewerage undertaker for the area specified in its...
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Produced in partnership with John Bates of Old Square Chambers 9th Mar
Practice notes
The developer of a housing estate or other facility will need to lay sewers and drains to deal with domestic sewerage and surface water. Sections 21...
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Produced in partnership with John Bates of Old Square Chambers 9th Mar
Practice notes
Right to dischargeA sewerage undertaker does not have statutory power under the Water Industry Act 1991 (WIA 1991) to discharge water or other matter...
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Produced in partnership with John Bates of Old Square Chambers 9th Mar
Practice notes
This Practice Note considers the law and policy surrounding flooding in Scotland:•providing an overview of legislation and policy and the Flood Risk...
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Produced in partnership with Jamie Whittle of R&R Urquhart 9th Mar
Practice notes
Water pollution from contaminated sites, discharges from industrial processes or sewage treatment works or accidental spillages can result in criminal...
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1st Mar
Practice notes
History of flood defence consentsThe ‘old’ system of flood defence consents, prior to 6 April 2016, regulated activities on or near a main watercourse...
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Produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon 26th Feb
Q&As
The owners of the land on either side of the river are responsible for the maintenance of the watercourse itself and the flow within it, as where the...
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15th Feb
Q&As
Commentary: Rights in flowing water at common law: Halsbury's Laws of England [110] states:‘Although certain rights as regards flowing water are...
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15th Feb
Q&As
Does the owner of a watercourse have a right to drain into that watercourse?An owner of land abutting on water is a ‘riparian owner’ (see Commentary:...
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15th Feb
Q&As
Sustainable drainage systems (SuDs)For information about sustainable drainage systems (SuDS), what they are, why they are needed, types, implications...
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15th Feb
Q&As
Pursuant to section 159 of the Water Industry Act 1991 (WIA 1991), a statutory undertaker has the power to lay a pipe in any land which is not in,...
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15th Feb

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