The following Environment practice note provides comprehensive and up to date legal information covering:
Parties to a transaction may decide to address the allocation of known or potential remediation costs under the Environmental Protection Act 1990, Pt IIA (EPA 1990) as an express part of a deal, eg when transferring land.
An agreement on liabilities exists where:
two or more persons are 'appropriate persons' responsible for all or part of the costs of a remediation action
they agree, or have agreed, the basis on which they wish to divide that responsibility
a copy of the agreement is provided to the enforcing authority, and
none of the parties informs the enforcing authority that it challenges the application of the agreement
An 'appropriate person' is the:
person(s) who caused or knowingly permitted the contaminating substances to be in, on or under the land in question (Class A), or
owner or occupier of the contaminated land, but only where a Class A person cannot be found (Class B)
For more information, see Practice Note: Contaminated land—identifying Class A and B appropriate persons.
The statutory guidance generally requires the enforcing authority to give effect to such agreements between the parties.
For this reason, the rules on exclusion, apportionment or attribution should not be applied between the parties to the agreement.
However, those rules should be applied to determine any exclusions, apportionments or attributions
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt, with reference to CPR 72. The order directs a third party who owes money to the judgment debtor to pay that
Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)
Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be
0330 161 1234