Apportionment Definition

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What does Apportionment mean?

The division of the cost of any contaminated land remediation action between two or more appropriate persons, after any exclusions have been applied.

Pursuant to the Environmental Protection Act 1990, pt IIA, where a liability group has only one member, that person bears all of the costs falling to that liability group. For any liability group with two or more members, the enforcing authority should apportion the costs between those members using the relevant guidance on apportionment to determine each member's share of the liability. Generally, liability should be apportioned to reflect the relative responsibility of each of those members for creating or continuing the risk now being caused by the significant pollutant linkage in question.

View the related checklists about Apportionment

Equipment hire agreement—checklist

Equipment hire agreement—checklist Scope and purpose This Checklist sets out the key considerations when drafting, reviewing or negotiating an equipment hire agreement. Equipment hire agreements may also be referred to as equipment leases, equipment rental, operating leases or finance leases. This Checklist uses the term equipment hire agreement for ease of reference. It is drafted from the perspective of the hiring customer under the lease. See also accompanying Precedents: Equipment hire agreement—pro-customer and Equipment hire agreement—pro-supplier. This Checklist seeks to present issues that are aimed to protect the hiring customer’s (or lessee) interests in relation to an equipment hire agreement which has been drawn up by the supplier (or lessor) (as is usually the case with equipment hire agreements). Terms such as ‘lessor’, ‘lessee’, ‘hirer’ and similar do seem to cause a lot of confusion within these types of arrangement. In this Checklist the ‘hiring customer’ or ‘lessee’ is the party who is taking the equipment on lease and the ‘supplier’ or ‘lessor’ is the party who supplies the equipment...

�ձ��ʷ�—c��𳦰��

�ձ��ʷ�—c��𳦰�� This checklist gives an overview of the steps to take and issues to consider when the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 apply to a business sale or service provision change. It also highlights relevant Practice Notes and Precedent materials. It is not aimed at clients but may be adapted for that audience. See also the following TUPE-related checklists: • What transfers under TUPE, and who is liable—checklist • Pension issues on a TUPE transfer—checklist • Checklist—immigration-related requirements on a TUPE transfer • Drafting a tripartite settlement agreement—checklist • Legal background ◦ For an outline of the effect and requirements of TUPE 2006 generally, see TUPE and asset purchases—overview • Obtain essential information ◦ Prepare lists of employees and of contact names and telephone numbers for (where relevant) union officials and/or employee representatives ◦ Identify precisely what is being transferred or contracted-out (it may be a business or part of a business or an economic activity) and how this will be defined in...

Contaminated land—who may be liable?

Who may be liable?Anyone who is an 'appropriate person' may be liable for remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990). An 'appropriate person' is any:•person who causes or knowingly permits contaminating substances to be in, on or under the land in question (Class A), or•owner or occupier of contaminated land, but only where a Class A person cannot be found (Class B)See Practice Note: Contaminated land—identifying Class A and B appropriate persons.Where contaminated land is identified, the enforcing authority must serve a remediation notice on each 'appropriate person' specifying what they must do by way of remediation. Where there are two or more appropriate persons, liability is apportioned between the parties in accordance with the statutory guidance—see Practice Note: Contaminated land—process for determining liability.Where there is no appropriate person, the enforcing authority will need to determine who should pay for remediation. In most cases, the costs of an orphan linkage will be borne by the public purse—see Practice Note: Contaminated land—orphan linkages.According...

How to deal with a section 75 debt—an introduction

How to deal with a section 75 debt—an introduction THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note looks at the alternative methods available to deal with a section 75 debt, particularly in a multi-employer scheme. This Practice Note also covers any clearance and notifiable event issues that may arise. For considerations specific to scheme trustees when deciding how a section 75 debt should be dealt with on an employment cessation event, see Practice Note: Employment cessation events—trustee decision-making process. For considerations specific to a section 75 debt triggered in the context of a transaction, see Practice Note: How to deal with a section 75 debt on a corporate transaction. For considerations specific to section 75 debts triggered in the context of a group reorganisation, see Practice Note: Intra-group reorganisations and pensions. Recognising that a section 75 debt has been (or will be) triggered Section 75 debt triggers A section 75 debt (known as an 'employer debt') may become due from...

Discover our 506 Practice Notes on Apportionment

Franchise business sale agreement

Franchise business sale agreement This Agreement is made on [insert date] Parties 1 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Seller); 2 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Buyer); and 3 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Franchisor), (each a party and together the parties). Background (A) The Franchisor has licensed the Seller to operate the Franchise Business. (B) The Seller has agreed to sell and the Buyer has agreed to purchase the Franchise Business as a going concern on the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Applicable Data Protection Law • means...

Employment (TUPE) indemnities—asset purchase agreement

Employment (TUPE) indemnities—asset purchase agreement 1 Definitions and interpretation 1.1 [Insert the following additional definitions into the definitions clause of the Asset purchase agreement] Business • the business of [insert description of the business being sold or bought] operated by the Seller and all other activities including those ancillary or incidental to or in connection with such business as carried on by the Seller; Buyer • [enter details]; Completion • completion of the sale and purchase of the Business by the performance by the Parties of their respective obligations in accordance with clause [insert number]; Completion Date • [the day on which Completion takes place OR the date no later than the [third OR [insert number]] Business Day after the date on which the last of the Conditions is satisfied or waived or the date to which Completion is deferred] in accordance with clause [insert number]; [Consequential Loss • any consequential, special, indirect, incidental or punitive damages or loss, or any loss of profits or other form...

Dive into our 102 Precedents related to Apportionment

In relation to the sale of a property, how are sums to be apportioned at completion (eg, service charge, insurance premiums etc)? If such sums were not in a completion statement, can the seller demand apportioned sums after completion?

In relation to the sale of a property, how are sums to be apportioned at completion (eg, service charge, insurance premiums etc)? If such sums were not in a completion statement, can the seller demand apportioned sums after completion? As between a buyer and seller, the apportionment of rent, service charge, insurance rent and any other sums due (or payable) in relation to a property will depend on the terms of the contract. Contractual provisions If the contract incorporates the Standard Commercial Property Conditions, (Third Edition—2018 Revision) (SCPCs) without amendment, then apportionment in relation to income and outgoings is largely dealt with under Condition 9.3. In addition, Condition 9.4 provides that, at completion, the amount payable is the purchase price adjusted to take account of various matters (including any apportionments and any sums payable under Condition 8.2). Condition 8.2 deals with liability in relation to insurance premiums. Points to note in relation to Condition 9.3 include that: • Condition 9.3.5 deals with provisional and final apportionment of sums that are...

Where a leaseholder has made an application under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), is that leaseholder liable for an intermediate landlord’s costs pursuant to LRHUDA 1993, s 60 where no separate notice of representation is served?

Where a leaseholder has made an application under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), is that leaseholder liable for an intermediate landlord’s costs pursuant to LRHUDA 1993, s 60 where no separate notice of representation is served? Section 60(1)–(2) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides that: ‘(1) Where a notice is given under section 42, then (subject to the provisions of this section) the tenant by whom it is given shall be liable, to the extent that they have been incurred by any relevant person in pursuance of the notice, for the reasonable costs of and incidental to any of the following matters, namely— (a) any investigation reasonably undertaken of the tenant's right to a new lease; (b) any valuation of the tenant's flat obtained for the purpose of fixing the premium or any other amount payable by virtue of Schedule 13 in connection with the grant of a new lease under section 56; (c)...

See the 132 Q&As about Apportionment

Share Incentives weekly highlights—28 November 2024

This week's edition of Share Incentives weekly highlights includes (1) the CIOT’s response to the employee ownership trust provisions of the draft Finance Bill 2025, (2) proposals by the PRA and FCA of significant reforms to dual-regulated firms' remuneration regime, (3) the FRC’s annual review of corporate governance reporting, and (4) HMRC’s Employment Related Securities Bulletin 58.

DIFC Court of First Instance orders parties to bear their own costs (Neven v Nole)

Arbitration analysis: By order of 25 September 2024, Justice Moran of the DIFCCFI, applying the Rules of the DIFC Courts 2014 (the RDC), declined the parties’ application for costs, ordering each party to bear its own costs, with respect to Neven’s application for interim relief in support of arbitration in circumstances in which part of the relief was plainly without merit and the remainder of the relief was met by Nole by entering into an undertaking in favour of Neven with respect to certain corporate transactions that were the subject of a dispute between the parties in arbitration. Written by Dr Gordon Blanke, founding principal at Blanke Arbitration Dubai/London/Paris.

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