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PRACTICE NOTES
Background to the contaminated land regime (the regime) The contaminated land regime is set out in Part 2A of the Environmental Protection Act 1990 (EPA 1990). It is a statutory regime dealing with the remediation of contaminated land that causes an unacceptable level of risk to human health and the wider environment. Local authorities must identify contaminated land using a risk-based approach. The relevant regualtor/enforcing authority (primarily the local authority, but also the Environment Agency (EA) or Natural Resources Wales (NRW) in special cases) must identify those responsible for the contamination, require them to investigate, assess and remediate the land to a condition that is suitable for its current use. Contaminated land Contaminated land has a specific legal meaning under this regime—it 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, that: • significant harm is being caused, or there is a significant
CHECKLISTS
The European Commission (Commission) investigates allegations of anti-competitive behaviour by companies that have an impact in more than one EU country;
FLOWCHARTS
This flowchart sets out the different steps when safeguards
NEWS
Banking & Finance analysis: Alex Cunliffe, barrister at Lamb Chambers, examines the High Court’s decision in Business Mortgage Finance 6 v Greencoat Investments that all of the steps taken by the defendants to gain control of a true-sale securitisation structure under which the claimant had issued £161,250,000 of sterling-denominated notes and €495.4m of euro-denominated notes were void and of no effect.
PRACTICE NOTES
This Practice Note sets out the steps that should be taken following a first interview or client meeting, including preparation of a file note and initial client care letter and terms of business. It also details best practice when dealing with documents obtained by ‘self-help’ in accordance with the decision in Imerman and covers non-court dispute resolution and the steps to take in relation to property. File note A file note (also known as an attendance note) should be prepared immediately after the first interview and after every subsequent client meeting or conversation. This contemporaneous record must be added to the client’s file or electronic case management system in the correct date order so that it may be referred to in a future dispute or by fee earners unfamiliar with the file. The file note prepared after the first interview should contain all of the important background information and the client's instructions. A file note should ideally be typed and should confirm the date, time, attendees and the length of the meeting. It should
PRECEDENTS
This document provides general guidance regarding the steps to take after reaching a financial agreement in order to obtain a court order to reflect that agreement. Your family lawyer will be able to provide specific advice based on your circumstances. What are the next steps once a financial agreement has been reached? A draft consent order setting out the terms agreed between the parties should be drafted, approved, signed and submitted to the court. You may be asked by your solicitor to provide written, signed instructions that you have read and understood the consent order once drafted and give your authority to settle on the terms set out in it. A financial statement of information in Form D81, setting out your current financial position, should also be submitted to the court with the signed consent order. Both parties need to complete a Form D81. Once the court has received the signed consent order and Forms D81, it will consider the financial agreement that has been reached. If the court is satisfied with
CHECKLISTS
This Checklist sets out the points that a tenant should consider if its landlord becomes insolvent. A tenant must continue to fulfil its obligations under the lease, but should also contact the insolvency practitioner immediately as a tenant will require information as set out below. Who should rent be paid to? The tenant must continue to pay rent in accordance with the terms of the lease. If the landlord has entered into administration, liquidation or bankruptcy, or had receivers appointed over the property, rent should be paid to the administrator, liquidator, trustee in bankruptcy or receiver as appropriate. In a company voluntary arrangement (CVA), the rent may be payable to the CVA supervisor, depending on its terms. The insolvency practitioner will normally serve notice on the tenant with directions about where rent is to be paid. Is the landlord holding a rent deposit? You must consider whether the rent deposit deed has been drafted so that the deposit remains separate from the assets forming part of the landlord’s estate, as this will affect
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 21 March 2012; it is no longer maintained. See further, timeline and related cases. Case facts Outline UK merger investigation into the completed acquisition by Stericycle, Inc of Ecowaste Southwest Limited. The transaction involved a horizontal overlap in markets for healthcare risk waste. Latest developments On 21 March 2012, the Competition Commission issued its final report, concluding that the transaction had resulted in a SLC and, in its final report, it ordered Stericycle to sell Ecowaste Southwest. Stericycle had put forward lesser alternative remedies, including (1) providing a third-party purchaser with excess capacity at the Avonmouth plant and an NHS contract, or (2) selling the Avonmouth plant and two customer contracts along with a volume guarantee for five years. However, the CC did not consider that these proposals would be effective. Parties Acquirer—Stericycle, Inc. Target—Ecowaste Southwest Limited (Ecowaste Southwest). Ecowaste Southwest operated an AT facility at Avonmouth (near Bristol) and had customer contracts, licences, collection vehicles and other assets. Background In
GLOSSARY
An official of the Department for Work and Pensions responsible for keeping an eye on the Pension Protection Fund (PPF)
NEWS
Private Client analysis: Sir Anthony Mann dismissed an appeal by Mr Beasant, the nephew of the late Audrey Thelma Anita Arkell, regarding the construction of the deceased’s Will. The first instance court had determined that on its proper construction, a legacy to Mr Beasant had failed. That legacy was determined by reference to the nil rate band. Given that the nil rate band had been exhausted by other gifts to Mr Beasant, there was nothing to gift under the legacy. Mr Beasant’s appeal aimed to show that the Will was ambiguous for the purposes of section 21(b) and (c) of the Administration of Justice Act 1982 (AJA 1982), and that with the addition of extrinsic evidence by way of a witness statement provided by the solicitor who had prepared the Will, the proper construction was that the legacy should be paid in the sum of £325,000 and the residuary beneficiaries should carry the tax burden. The court held that the wording of the Will was not ambiguous, even when taking into consideration the surrounding circumstances, and consequently dismissed the appeal. Written by Adam Stewart-Wallace, barrister at Ten Old Square.
GLOSSARY
Legally qualified solicitors or advocates who sit alone within the Justice of the Peace Court.
GLOSSARY
A stochastic valuation involves a large number of calculations and assumptions generated by computer involving some random selection. It is intended to assist the actuaries, trustees and employers assess the likely range of the funding position.