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 between the parties
**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
Take a free trial
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.