The following Environment practice note Produced in partnership with Argyll Environmental Ltd provides comprehensive and up to date legal information covering:
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 content.
For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.
Environmental investigations are carried out for a number of reasons. The cost, detail and scope of an investigation will vary depending upon its purpose. Generally, all reports from desktop through to intrusive investigations aim to provide a qualitative and/or quantitative risk assessment to assess potential impacts to human health, buildings and services, eco-receptors or controlled waters.
Environmental searches and investigations also allow those involved in land transactions to go into that transaction fully appraised of potential legal liabilities that might arise as a result of historical or current uses of that land.
The scope for undertaking an investigation depends on the terms of the transaction, how risk averse the client is, the budget and the characteristics and environmental setting of the site.
However, an investigation is usually instructed:
to clarify liabilities under a range of regimes and laws, including:
the contaminated land regime set out in Part IIA of the Environmental Protection Act 1990 (EPA
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
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