The following Environment practice note provides comprehensive and up to date legal information covering:
Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental Protection Act 1990, s 78F (EPA 1990). Not all stages of the procedure will be relevant in all cases. See Practice Note: Contaminated land—process for determining liability.
Step five in the procedure requires the enforcing authority to apportion liability between the remaining members of each liability group.
For any liability group which has only a single remaining member, that person bears all of the costs falling to that liability group. For any liability group which has two or more remaining members, the enforcing authority should apply the guidance on apportionment. Different considerations apply to Class A liability groups and Class B liability groups.
When apportioning liability between the members of a single Class A liability group, the enforcing authority must determine the proportion of costs to be borne by each member of the group taking account of the relative degree of responsibility of each member for creating or continuing the risk being caused by the significant contaminant linkage (SCL).
If there is not enough information to enable an assessment of relative responsibility, and such information cannot be reasonably obtained, the enforcing authority should apportion liability in equal shares.
As well as considering the general principles, the enforcing authority should consider certain specific approaches
**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
This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.