Burges Salmon

This Practice Note provides a snapshot of the 1994 Convention on Nuclear Safety. The note summarises the key articles and how the Convention has been implemented in Europe and the UK. It also looks at the future of the Convention following the Fukushima nuclear power plant accident in 2011.

This Practice Note provides the background to the Euratom Treaty and the the UK’s exit from the Euratom Community as a corollary of Brexit. It includes discussion of Brexit and nuclear research and investment, Brexit and nuclear health and safety standards, Brexit and supply of nuclear fuel, Brexit and nuclear safeguards, Brexit and the nuclear common market, and Brexit and nuclear international agreements. It also discusses the Nuclear Safeguards Act 2018 (NSA 2018), the Nuclear Safeguards Regulations, and the key aspects of the Nuclear Co-operation Agreement (NCA) between the UK and Euratom.

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.

This Practice Note considers health and safety obligations connected with nuclear decommissioning in the UK.

This Practice Note provides a snapshot of the EU rules on nuclear safety established by the Safety of Nuclear Installations Directive 2009/71/Euratom. It covers the Directive’s key aims, its scope, the core requirements set for national regulatory frameworks, including assessment and international peer reviews, the concept of the ‘nuclear safety objective’, licensing and licence holder obligations, provisions relating to emergency preparedness and response, and public information and transparency requirements.

Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence (the EU AI Act) was published in the Official Journal of the EU on 12 July 2024, setting out a cross-sectoral regulatory approach to the use of artificial intelligence (AI) systems across the EU. The intention is to introduce a harmonised approach to AI regulation across the EU, facilitating a ‘uniform legal framework in particular for the development, marketing and use of AI in conformity with EU values’ as well as mechanisms at EU level to enforce those rules. This Practice Note considers the EU AI Act, its background and scope and the rules applying to the different categories of AI Systems such as prohibited AI systems, High-Risk AI Systems, Minimal Risk AI Systems and Limited Risk AI Systems. It covers the promotion of regulatory sandboxes and the enforcement of the EU AI Act. It also provides practical steps for compliance with the EU AI Act.

This Q&A considers whether Brexit means that UK business can ignore the proposed financial transactions tax (FTT). This Q&A is produced in partnership with Hilary Barclay of Macfarlanes LLP.

This Q&A considers whether an applicant can amend section 73 application before or after it has been submitted to local planning authority for determination.