The following Environment practice note Produced in partnership with Argyll Environmental and Burges Salmon 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.
It has been estimated that around six million homes in the UK (approximately one in six) are at risk of flooding from one or more sources. In addition, a report published by Defra predicted this number is set to increase and identified flooding as the greatest risk posed to the UK by climate change. For more information, see News Analysis: A new era of climate change reality—a rising tide.
The impact of flood water on residents/employees occupying a site can typically include:
water damage to ground floor properties
water damage to garages and sheds
inaccessible entry and exit points
relocation to temporary housing
disruption to utility services—gas, electricity, water and telephone supplies
sewerage and drainage systems backing up
As a result, flood risk reporting is now typically considered as part of standard due-diligence during property transactions.
The Law Society's updated practice note on flood risk issued on 10
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This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
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
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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