Environmental due diligence and insurance

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Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov

Most recent Environmental due diligence and insurance content

Practice notes
Why is environmental insurance relevant?Environmental insurance is designed to provide protection to the insured from pollution or environmental...
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Produced in partnership with Duncan Spencer of EDIA Ltd 18th Feb
Practice notes
What is environmental insurance?Environmental insurance is a risk transfer solution to indemnify the insured against losses arising as a result of...
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Produced in partnership with Argyll Environmental Ltd 17th Feb
Q&As
It is assumed that this query relates to habitats in England.Defining priority habitatsPriority natural habitat is defined under the Habitats...
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Produced in partnership with Hannah Payne of Browne Jacobson 15th Feb
Precedents
Parties1[insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the...
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14th Feb
Precedents
Health and safetyPlease supply records of any of the following where relevant:1Health and safety certifications (eg OHSAS 18001/ISO 45004 or...
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Produced in partnership with Warren Percival of RSK 14th Feb
Precedents
This Agreement is made on the [insert date] day of [insert month] 20[insert year]Parties1[insert name of party], a company incorporated in [England...
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14th Feb
Precedents
Environment Health and SafetyPlease provide the following:1Copies of all environmental reports relating to the Property or the business of the Company...
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Produced in partnership with ELM Law 14th Feb
Precedents
Date [______________________________20[insert]]Parties1[Consultant] (incorporated and registered in England and Wales under company registration...
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14th Feb
Practice notes
Background to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as the Statement of Principles (SoP), in...
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Produced in partnership with Groundsure and Burges Salmon 8th Feb
Practice notes
Why do environmental issues need to be considered at the outset of a corporate transaction?It is important that environmental and health & safety...
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4th Feb
Practice notes
Introduction to flood searchesFlooding has become an increasing environmental risk in the UK, with significant impacts for homeowners and businesses....
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Produced in partnership with Argyll Environmental and Burges Salmon 3rd Feb
Practice notes
The Law Society first issued its practice note on flood risk on 23 May 2013 due to the increasing risk properties face from flooding and the knock on...
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2nd Feb
Q&As
The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014, SI 2014/2852 set out conditions known as ‘general binding...
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22nd Jan
Practice notes
Purpose of environmental searches and investigationsEnvironmental investigations are carried out for several reasons. The cost, detail and scope of an...
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Produced in partnership with Argyll Environmental Ltd 20th Jan
Practice notes
What is a phase 1 audit?Phase 1 environmental audits involve an independent review of an organisation’s environmental law compliance and management...
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Produced in partnership with Argyll Environmental Ltd 20th Jan
Practice notes
This Practice Note has been archived and is not maintained. It relates to the insurance mediation regime applying to law firms before 1 October 2018....
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15th Jan
Practice notes
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...
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Produced in partnership with ELM Law 15th Jan
Practice notes
Why use an environmental consultant?Environmental consultants provide expertise in a number of different areas, such as assessing environmental risk...
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Produced in partnership with Argyll Environmental Ltd 15th Jan
Practice notes
Environmental insurance is a useful way of managing environmental risks stemming from the work carried out by contractors and consultants. For more on...
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Produced in partnership with Duncan Spencer of EDIA 15th Jan
Practice notes
What is an intrusive site investigation?An intrusive (phase 2) site investigation is an investigation undertaken by geotechnical and geo-environmental...
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Produced in partnership with Argyll Environmental Ltd 15th Jan

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