Brexit impact 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...
Brexit impact 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...
Brexit impact 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...
The Habitats Directive 92/43/EEC (Habitats Directive) aims to promote the maintenance of biodiversity by requiring Member States to take measures to maintain or restore...
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...
Summary In March 2014, the Construction Industry Research and Information Association (CIRIA) issued new guidance for the management of risks associated with the presence...
1 Definitions Asbestos means asbestos or asbestos-containing materials of any sort whatsoever Asbestos Claim means a claim arising, at any time before the date by which...
Produced in partnership with DLA Piper UK LLP 1 The Vendor shall indemnify and keep indemnified the Purchaser against any and all Asbestos Liabilities. Asbestos...
Why are lenders concerned about environmental risk? The ever growing number of environmental laws has affected the way that lenders perceive environmental risk and has...
Lenders' risk exposure Lenders are increasingly concerned with environmental risk in their day to day secured lending businesses. All major UK banks now have to make, to...
This Practice Note focuses on a ‘single landowner’ development where a new lease is granted for a stand-alone facility or where there is an existing lease in place and...
What is BREEAM? The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating and certifying the environmental...
Increased emphasis on climate change and carbon emissions reduction is affecting corporate transactions. In addition to schemes such as the EU Emissions Trading Scheme...
Brexit impact 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...
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British...
Obligation to grant access The owner or occupier of contaminated land (grantor) has a statutory obligation to allow remediation works to be carried out by the grantee...
What is an agreement on liabilities? Parties to a transaction may decide to address the allocation of known or potential remediation costs under the Environmental...
Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...
Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...
What are Category 4 Screening Levels? Category 4 Screening Levels (C4SL) provide technical guidance for environmental consultants and regulators when assessing land...
What is contaminated land? 'Contaminated land' is a specific legal term defined in the Environmental Protection Act 1990, Pt IIA (EPA 1990). The contaminated land regime...
Who makes the determination? Local authorities (LAs) have sole responsibility for determining whether land is contaminated land under the Environmental Protection Act...
Due diligence in contaminated land transactions Lambson Fine Chemicals Ltd v Merlion Capital Housing Ltd [2008] All ER (D) 116 (Feb) highlights the importance of...
This Practice Note outlines the contaminated land enforcing authorities in England and Wales under Part IIA of the Environmental Protection Act 1990 (EPA 1990). Who is...
When can costs be recovered by an enforcing authority? Subject to the Environmental Protection Act 1990, ss 78J(7) and 78K(6) (EPA 1990), an enforcing authority is...
When can enforcing authorities carry out remediation work? Enforcing authorities have power to do what is 'appropriate' by way of remediation under the Environmental...
