The following Restructuring & Insolvency practice note Produced in partnership with Ashurst LLP provides comprehensive and up to date legal information covering:
Some business operations which have an impact on the environment are likely to require an environmental permit from the Environment Agency (EA) or a local authority. Environmental permitting replaced and simplified the need to obtain various consents under other regimes including waste management licensing, discharge consents and pollution prevention and control permits.
For example, in order for a business to deal with controlled waste (ie any household, commercial or industrial waste), it must have an environmental permit (previously a waste management licence). The environmental permitting regime came into force on 6 April 2008 and thus waste management licences which existed before 5 April 2008 automatically became environmental permits after this date. Carrying out specified operations without a permit, or operating in breach of conditions attached to a permit, is a criminal offence.
If an insolvency practitioner is dealing with a business which has an environmental permit and is continuing to operate, they should ensure that it is able to continue to do so lawfully and in accordance with the conditions imposed on the permit.
If the business does not have sufficient resources to comply with the conditions of its permit, and it is likely that the company will be placed into liquidation so the company can be wound up and its creditors paid with any remaining proceeds. A liquidator may be able to disclaim
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BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
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
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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