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Environmental issues in new leases—tenant’s checklist

Environmental issues in new leases—tenant’s checklist Environmental reports • Are there any existing environmental reports? Will the tenant get the benefit of the report(s) via a reliance letter? Do the reports raise any concerns? Have the appointment terms and certificate of insurance been provided? • Commission a combined contaminated land and flooding desktop report in every transaction. Are any other specific desktop searches required (planning, utilities, agricultural, crossrail, HS2, Japanese knotweed)? • If the desktop concludes that the property is ‘in need of further assessment’ in respect of contaminated land liabilities, advise the client of the options available to assess the risks and the timing and cost implications. Consider the following steps: ◦ raise additional enquiries with the landlord’s solicitors ◦ instruct the desktop provider to raise regulatory enquiries with the local authority contaminated land team, planning department and if appropriate the Environment Agency and local petroleum officer ◦ consider whether a phase 1 site walkover is required ◦ obtain a quote for indemnity insurance ◦ if there is no...

Ramsay case law—chronology and cheat sheet

Ramsay case law—chronology and cheat sheet The following table lists, in reverse chronological order, cases that have been important in the development of the Ramsay anti-avoidance principle. It is not a list of every case that has discussed the principle. It is weighted towards the present in the sense that decisions of lower courts are more likely to feature in the list if they are relatively recent, and so demonstrate the latest judicial thinking. For a general introduction to the Ramsay principle, see Practice Note: Ramsay as a guide to statutory construction. For comprehensive tax case tracking across current (and recently completed) tax cases, see the: Tax—cases tracker. Case name and citation Who won in the highest court? Facts in a nutshell Quote(s) from the judgment Comment Michael Brown, Bridget Brown [2024] EWCA Civ 92 The government (in the Court of Appeal) Scheme for avoiding SDLT ‘...no statute is immune from a purposive interpretation, and the very mistake that this court made in Rossendale was to...

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Life sciences divergence tracker

Life sciences divergence tracker This Practice Note serves as a reference guide to monitor relevant EU-UK divergence in the legislation and guidance of interest to the life sciences sector. Where applicable, it also includes key points of divergence within the UK (between Great Britain (GB) and Northern Ireland (NI)). In this Practice Note, the term ‘divergence’ refers to differences in the legislation, guidance or required standards which arise following IP completion day (11 pm on 31 December 2020 which marked the end of the Brexit transition or implementation period). A parallel but identical or substantially similar regime would not constitute ‘divergence’. Medicinal products Date Point of divergence Summary of divergence Find out more 1 January 2021 Orphan designation EU: sponsors who intend to develop medicines for rare diseases may obtain an orphan designation (where the criteria are met) at any stage of development before an application for marketing authorisation (MA) is made (Article 5 of Regulation (EU) 141/2000).UK: in GB, there is no pre-MA orphan designation. The...

Nuclear sector projects

Nuclear sector projects The UK nuclear market for construction industry supply chain members is significant. The Nuclear Decommissioning Authority projected spend of £3.3bn for the financial year 2015/16 purely in relation to civil decommissioning—add in military decommissioning and the significant future value of the nuclear new build market and the overall market is huge. The sector requires a wide range of construction-related inputs, from large-scale civil engineering, demolition and project management, through to design services and facilities management (and much more besides). Some of these services require specialist nuclear know-how, others do not (although all members of the nuclear supply chain need to be aware of the special considerations which apply to working in the nuclear sector). The nuclear sector is heavily regulated, especially in the UK, and the contracting structures and documents used can be correspondingly complex. This Practice Note provides an introduction to the sector from a legal adviser's perspective. Sector background The UK nuclear sector can be divided into: • decommissioning (of which...

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Decommissioning Relief Deed

Decommissioning Relief Deed Decommissioning Relief Deed The Decommissioning Relief Deed (DRD) is a contract between the UK Government and a ‘Qualifying Company’ which operates in the oil and gas exploration and production market in the UK or on the United Kingdom Continental Shelf (UKCS). The DRD aims to provide certainty on the

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Would decommissioning a site be subject to the polluter pays principle? Would this be subject to state aid? Would accepting historic risks be subject to the polluter pays principle?

Would decommissioning a site be subject to the polluter pays principle? Would this be subject to state aid? Would accepting historic risks be subject to the polluter pays principle? The ‘polluter pays’ principle is a fundamental principle of EU environmental law. It is enshrined in Article 191 of the Treaty on the Functioning of the EU. Accordingly, it is a governing principle of environmental law in the UK. In addition to its application as a general legal principle, the ‘polluter pays’ principle is also reflected in the specific legal regime for contaminated land contained in Part IIA of the Environmental Protection Act 1990 (EPA 1990). As a starting point, both EU law and the domestic law relating to contaminated land impose certain legal obligations on those responsible for pollution or risks from pollution at a site. A classic example would be pollution and the risks of pollution from mines. Here, in addition to planning conditions and planning obligations likely to have been imposed on the operator...

What is the maximum statutory penalty for summary prosecutions under the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005?

What is the maximum statutory penalty for summary prosecutions under the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005? The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005, SI 2005/2055 The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005, SI 2005/2055, prohibit the discharge of oil to sea from offshore oil and gas installations other than in accordance with the terms and conditions of a permit, and require offshore operators to apply for permits for all planned discharges of oil in the course of all relevant offshore energy activities, including well operations, production operations, pipeline operations, and decommissioning operations. For more information on oil and gas regulation generally, see: Oil and gas licensing and regulation—overview. Offences under the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005, SI 2005/2055 The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005, SI 2005/2055, reg 16 lists the offences under the regulations and any defences. The result of a person being found guilty of an...

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Commission issues guidance to end financing of stand-alone fossil fuel boilers

The European Commission has issued guidance clarifying the requirement under Article 17(15) of Directive (EU) 2024/1275 (the revised EU Energy Performance of Buildings Directive (EPBD)), to discontinue financial incentives for installing new stand-alone fossil fuel boilers from 1 January 2025. The document clarifies the notions of ‘stand-alone boiler powered by fossil fuels’, ‘hybrid heating system’, ‘installation’ and ‘financial incentives’. It also specifies that no grants, preferential loans, or tax incentives can be provided for purchasing, assembling, or putting into operation new stand-alone boilers powered by natural gas, oil, or coal, regardless of whether it is part of a renovation project. Public bodies at all levels are also prohibited from providing economic support or resources for installing such boilers. However, certain incentives can continue, such as those for hybrid heating systems combining a boiler with a heat generator using renewable energy if the renewable share is significant, and the incentive is proportionate to the renewable share. Incentives already approved under EU funds, financing transition to renewable gases in boilers, supporting maintenance or...

Energy weekly highlights—17 October 2024

This week's edition of Energy weekly highlights includes: a News Analysis on the South Lakeland case concerning the lawful approach to environmental impact assessments (EIAs) and ‘substitution’ arguments in the context of fossil fuel developments, following the Supreme Court’s decision in Finch. In addition, this week, the Department for Energy Security and Net Zero (DESNZ) published the responses to its consultations on designing a policy framework for investment in long duration electricity storage (LDES) and updates to the 2009 Carbon Capture Readiness (CCR) requirements, as well as launching a consultation and call for evidence on the Capacity Market (CM).