Legal News

No contaminated land liability for statutory successor (Powys CC v Price and another)

Published on: 28 July 2017
Published by: LexisPSL
  • No contaminated land liability for statutory successor (Powys CC v Price and another)
  • Original news
  • What are the practical implications of this case?
  • What was this case about?
  • What were the facts?
  • What was the relevant wording in the scheme of transfer?
  • What were the main legal issues arising?
  • What did the court decide at first instance?
  • What was the ground of appeal raised by Powys?
  • What did the Court of Appeal decide?
  • More...

Article summary

Environment analysis: The Court of Appeal has held that Powys County Council (Powys) is not liable as an ‘appropriate person’ under the contaminated land regime as statutory successor to its predecessors in relation to liabilities arising from operation of a landfill site. The House of Lords decision in National Grid (formerly Transco) v Environment Agency was not distinguished. The decision clarifies that there is no requirement for the wording of the scheme of transfer to refer to liabilities existing ‘immediately before’ the transfer (as in the National Grid case) or for the successor to be a private company rather than a public authority. or take a trial to read the full analysis.

Popular documents