The following Environment practice note Produced in partnership with Angus Evers of Shoosmiths provides comprehensive and up to date legal information covering:
In March 2014, the Construction Industry Research and Information Association (CIRIA) issued new guidance for the management of risks associated with the presence of asbestos in soils and made ground. This Practice Note explains the background to that guidance and summarises its main features. It also highlights that the Control of Asbestos Regulations 2012, SI 2012/632 (CAR 2012) also apply to asbestos in soils. In July 2016, Contaminated Land: Applications in Real Environments (CL:AIRE) and the Joint Industry Working Group (JIWG) issued further industry guidance on the application of CAR 2012 to asbestos in soil and construction and demolition materials.
The number of deaths from asbestos related diseases in the UK has risen dramatically in recent decades, reaching about 2000 per year in 2010 and expected to peak at around 3400 deaths per year in 2020. This is largely due to the long latency period from exposure before symptoms develop as well as continued unintentional exposure, particularly in the construction sector.
Awareness of the issues of asbestos in soil has been growing over recent years. When considering sites for development, this awareness translates into more specific investigation testing and analysis which has resulted in a significant increase in sites being identified with asbestos. However, there are areas of considerable uncertainty in the potential for asbestos fibres to be released from soil, which
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
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