Michael Barlow

This Practice Note sets out the requirements for an environmental permit (EP) for flood risk activities under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. It looks at the history of flood defence consents, the requirement for an EP, relevant guidance, the definition of flood risk activities, excluded activities, exempt activities, standard rules permits, bespoke permits and compliance and enforcement. It was produced in partnership with Michael Barlow of Burges Salmon.

This Practice Note is a snapshot on the scope, purpose and key provisions of the Flood and Water Management Act 2010 (FWMA 2010). Some of these key provisions include new duties for national and local flood and coastal erosion risk management strategies, increasing investment in flood risk management, promotion of sustainable drainage systems, flood risk regulation of reservoirs, powers in relation to incidental flooding, designation of features which affect flood or coastal erosion risk and the creation of regional Flood and Coastal Committees. It was produced in partnership with Michael Barlow and Simon Tilling of Burges Salmon. This Practice Note also links to related Brexit content.

This Practice Note summarises the key law, organisations and legal principles to consider when planning, maintaining and demolishing flood defences. It includes practical considerations such as planning permission, maintenance, removal, flood defence consents, and damage. It also includes information on developing policy on flood defences, the Pitt Review and flooding finances. It was produced in partnership with Michael Barlow, Burges Salmon.

This Practice Note outlines landowner rights and responsibilities in relation to flooding, flood management and drainage. It covers sources of rights and responsibilities for flood management and drainage, including restrictive covenants, land drainage right and easements, riparian rights and responsibilities, rights and responsibilities created under statute, and rights under old forms of tenure. It also covers nuisance and the rule in Rylands v Fletcher, and the development of case law in this area, local authorities as landowners, nuisance and duties of landowners in relation to culverts, and the public law dimension. It was produced in partnership with Simon Tilling and Michael Barlow, Burges Salmon.

This Practice Note outlines liabilities and claims in respect of flood management and drainage. It covers potential responsible parties (such as landowners, riparian owners and public bodies) and recourse against landowners through claims in private nuisance, claims arising from matters affecting title, claims arising from leases, recourse under the planning regime and statutory nuisance. It also considers recourse against public bodies and looks at the availability of statutory remedies, the distinction between powers and duties of public bodies, damage caused in carrying out powers for flood risk management and relevant compensation, damage caused by failure to exercise maintenance powers, claims for sacrificing private land for the benefit of other land and claims in nuisance against local authorities as landowners . It was produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon.

This Practice Note considers who has responsibility for managing flood risks in England and Wales under the Flood Water Management Act 2010 (FWMA 2010), such as the role of government, the regulators, lead local flood authorities (LLFA), internal drainage boards (IDBs) and utility companies. It was produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon. This Practice Note also links to related Brexit content.

This Practice Note outlines key flooding issues that may arise in banking and finance transactions. It covers the effects of flooding on underlying assets, lender due diligence and protection for lenders. It was produced in partnership with Simon Tilling and Michael Barlow, Burges Salmon.

This Practice Note outlines key flooding issues that may arise in private M&A (share purchase or asset purchase) corporate transactions. It covers potential risks for buyers, due diligence, allocation of risk for post-completion liability, warranties, environmental reports and reliance, and insurance. It was produced in partnership with Simon Tilling and Michael Barlow, Burges Salmon.

This Practice Note outlines the issues relating to flooding that may arise in property transactions. It covers impacts of flooding risk on properties, such as costs and disruption of flooding, reduction in property value, insurance, obtaining mortgage finance, claims from affected third parties and also looks at pre-completion searches and due diligence, including Environment Agency flood maps, covenants and other obligations, enquiries of the seller, CON29 form and CON29DW form. The Practice Note also considers allocation of flooding risks in transaction documents such as when the freehold is transferred or on grant of a lease and insuring against flood risk by looking at Flood Re. It was produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon.

This Practice Note is a snapshot on the purpose and scope of the Land Drainage Act 1991 (LDA 1991). It focuses on key provisions of LDA 1991, such as internal drainage boards (IDBs) and districts and their powers, as well as key definitions, and the potential for amendments to the valuation of land for drainage introduced by the Environment Act 2021. It was produced in partnership with Michael Barlow and Simon Tilling of Burges Salmon. This Practice Note also links to related Brexit content.