Contamination of land and the need to collate evidence when entering into an agreement

Table of contents

• Original news
• What were the key features of this case?
• What does this tell us about contractual liability in relation to environmental contamination?
• What should lawyers be aware of when drafting contracts where issues of contamination or environmental damage might arise? Should businesses consider insuring against such risks?
• How did the court approach the question of historic verses contemporary contamination? What types of evidence are required in these types of cases?
• How will this case affect the advice lawyers give?

Article summary

Environment analysis: The case of Rivercove illustrates the importance of careful drafting when dealing with environmental issues. Matthew Townsend, partner and head of the London environmental law practice at Allen & Overy, discusses some practical issues raised by the case, including the need for clients to gather evidence of the level of contamination at a site before entering into a contract.