The following Restructuring & Insolvency practice note produced in partnership with Bond Dickinson LLP provides comprehensive and up to date legal information covering:
Contaminated land is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, where:
significant harm is being caused, or there is a significant possibility of such harm being caused
significant pollution of controlled waters (ie territorial waters, coastal waters, inland fresh waters and ground waters) is being, or there is a significant possibility of such pollution being caused
To prove that the land is contaminated for the purposes of the legislation, the regulator will need to show that there is a 'contaminant linkage', which involves demonstrating the following:
there is a source (contaminant/s in, on or under the land which has the potential to cause significant harm or to cause significant pollution of controlled waters)
there is a relevant receptor (eg housing or an underlying aquifer)
there is a pathway from the source to the receptor (eg migration of contamination from the soil to groundwater) and
as a result of the source-receptor-pathway linkage, significant harm is being caused (or there is a significant possibility of such harm being caused), or water pollution is being caused (or is likely to be caused)
Harm should be assessed by reference to the land’s current use (residential, commercial etc) and
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
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