The following Environment practice note provides comprehensive and up to date legal information covering:
On 13 April 2016, the Law Society issued an updated practice note on contaminated land. Prior to this, the practice note dated 18 December 2014, replaced the Law Society's former green card warning on contaminated land. The current edition has only made very minor changes to the December 2014 edition. It now includes a reference to Defra's guidance on risk management for landowners and developers. For more information on the guidance, see Practice Note: Contaminated land—risk assessment.
The practice note sets out the Law Society's view of good practice in relation to contaminated land for solicitors advising on property transactions. It states that solicitors should consider whether contamination is an issue in all conveyancing transactions, and notes that land contamination may be a significant issue in a small number of transactions. Land is only treated as 'contaminated land' for legal purposes if it poses an unacceptable level of risk. See Practice Note: Contaminated land—definition of contaminated land.
The practice note advises solicitors to be aware that environmental liabilities may arise in relation to land contamination and to consider what enquiries and specialist assistance their clients may require.
The practice note outlines the contaminated land regime set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990), the regulations and the statutory guidance made under it. This includes a brief overview
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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
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
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
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