Anti-pollution works meaning

Is land contamination an issue? According to the Law Society’s practice note on contaminated land, solicitors ought to assess potential contamination in every conveyancing matter they handle. It explains that, while only a minority of deals will be materially affected, practitioners must remain alert to possible environmental liabilities and think carefully about the enquiries and specialist support their clients might need—see Practice Note: Land contamination—Law Society practice note on contaminated land. Notably, the note summarises the contaminated land framework set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990), including a concise explanation of who bears responsibility for remediation of contaminated land. Beyond clean-up obligations imposed under the EPA 1990, Pt IIA, contamination can also give rise to the following liabilities: clean-up duties under other regulatory schemes, eg environmental damage, works notices, or environmental permitting regimes civil claims, eg nuisance, negligence, or breach of contract criminal exposure, eg non-compliance with a remediation notice Refer to Practice Note: Environmental...

Introduction This Practice Note outlines the process for Variations under the 1999 FIDIC Red, Yellow and Silver Books where a Variation is directed by the Engineer or Employer, where the Engineer or Employer seeks a proposal for a Variation, or where the Contractor initiates a change through value engineering. For further information on Variations under the 1999 forms, see Practice Note: FIDIC contracts (pre‑2017 editions)—variations. Variations are principally addressed in clauses 13.1 to 13.3, which define the entitlement to vary the Works and the steps to be taken to implement those changes...

In this issue: Copyright & associated rights Designs Anti-counterfeiting Patents Confidential Information General IP Daily and weekly news alerts Dates for your diary Trackers Useful information Copyright & associated rights Copyright and AI reform omitted from Data (Use and Access) Bill The Data (Use and Access) Bill concluded its passage through the House of Commons on 7 May 2025. The government declined amendments aimed at tackling artificial intelligence (AI) and copyright, which sought stronger safeguards for creatives whose works might be used to train AI models without consent. It explained that work in this space continues pending the outcome of its consultation on copyright and AI, which closed on 25 February 2025, and that attempting reform now would be premature and risk fragmented legislation. See: LNB News 08/05/2025 44... House of Lords pushes for AI and copyright transparency measures in Data (Use and Access) Bill The House of Lords reviewed the...

In this issue: Copyright & associated rights Trade marks/passing off Patents Confidential Information General IP Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights Copyright through the lens of AI generated photos (Getty Images v Stability AI) This commentary summarises the principal copyright ramifications emerging from the first English judgment on generative AI, Getty Images (US) Inc v Stability AI [2025] EWHC 2863 (Ch). The decision was long anticipated by the creative and technology sectors, and by the government, which has so far not resolved the tension created by AI developers’ use of copyright works. Although neither side secured an unequivocal win, the ruling has reignited debate about secondary copyright infringement in the digital era. The judgment concludes—since an appeal appears unlikely—a three-year UK dispute between Getty Images (Getty) and Stability AI (Stability). Getty’s proceedings against Stability continue in the USA, alongside...

In this issue Free trade agreements WTO Customs LexTalk® International Trade: a Lexis®Nexis community Daily and weekly news alerts New and updated content Free trade agreements DBT announces new royalties for UK artists’ resales in Australia DBT has confirmed that, from 1 April 2024, UK creators will receive resale royalties in Australia under the UK–Australia Free Trade Agreement. Until now, UK artists did not obtain any payment when their works were resold there. Going forward, they can claim in line with Australia’s scheme—currently 5% of the sale price on commercial resales of AUS$1,000 or more—each time works such as paintings, sculptures, prints or photographs are traded within Australia’s professional art market. In 2021, UK artists exported £10m of goods to Australia, while Australia’s art market generated over AUS$140 million in sales in 2023. Additionally, from 1 April 2024, artist’s resale right royalties in the UK will be calculated in pounds rather than euros to better reflect the...

Water pollution Polluted water can kill fish and other aquatic life, harm habitats, threaten drinking supplies, lower water quality and foul beaches. Many kinds of contaminant can enter waters—chemicals, microplastics, petrol, oils and fats, ammonia in sewage, mine waste, nitrates from farming and solid waste. Definitions of water ‘Controlled waters’ Relevant territorial waters (seawater to three nautical miles) Coastal waters (eg tidal waters) Inland freshwaters (rivers, streams, watercourses, lakes and ponds) Groundwaters (water stored in rock layers beneath soil) Section 104 of the Water Resources Act 1991 (WRA 1991) ‘Surface water’ Inland waters (all standing or flowing surface water, except groundwater) Transitional waters (partly saline estuaries substantially influenced by freshwater flows) Coastal waters (water up to one mile seaward) The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, SI 2017/407, Sch 1 ‘Groundwater’ — all water below the ground surface...

This Practice Note outlines the legal and practical considerations relevant to digital rights management (DRM), and examines how far technical tools and other safeguards can be deployed by rights holders to protect and administer their digital works lawfully and effectively in practice. It also sets out the categories of offences that may arise where technological protection measures are bypassed or where rights management information is abused in any context. What is digital rights management? DRM describes the technical mechanisms used by copyright owners of digital material to label, monitor and secure their assets. These controls are applied to block unauthorised copying, for instance by using encryption, ensuring that only approved software and permitted users can open a given digital file where appropriate. DRM also serves to identify content and to manage its distribution to consumers, eg by tracking how often a work is accessed for the purpose of calculating the royalties payable lawfully, or to support business models such as online music subscription services. For example, the video...

This Practice Note explores the VAT consequences of overage payments. Why is this important? In simple terms, where the underlying sale attracting the overage was taxable for VAT, the overage will itself carry VAT, ordinarily becoming chargeable only when the overage is actually paid; however, there are significant exceptions. Accordingly, sellers may encounter unforeseen liabilities, and at unexpected points in time, so sale contracts must reflect the correct VAT position. Moreover, HMRC offers no comment in guidance, and there have been instances of it misunderstanding overage arrangements, or their VAT analysis, leading it to dispute a position even where VAT has been correctly accounted for. It is therefore prudent to record, at the time, the rationale for the approach adopted, together with any professional advice obtained. What is overage? Overage refers to a scenario in which a seller—often, though not exclusively, of land—retains a right to receive from the purchaser a further amount of consideration after completion and after any initial price has been paid...

Environment Health and Safety Please provide the following: Copies of every environmental report concerning the Property or the Company’s business, including desktop reports and reviews, Phase 1 compliance audits, intrusive Phase 2 investigations, geotechnical reports and studies, validation reports, environmental management audits, flood risk assessments, regulatory compliance audits or assessments, together with any documents evidencing that the recommended actions set out within the disclosed reports have been fully and satisfactorily completed. Copies of all environmental permits (being licences, consents, authorisations, approvals, registrations, notifications and exemptions) required by applicable environmental or health & safety (EHS) law for the Property or the Company’s operations; include complete copies of any compliance assessment reports, details of any pending applications for new permits or variations to existing permits, and all correspondence sent to or received from the relevant competent authority or regulator relating to the permit(s). Details of activities currently undertaken (including particulars of any hazardous substances used or stored) and any (a) known contamination, (b) pollution incidents, or...

Environment Health & Safety Please provide the following: Complete sets of environmental reports for the Property or the Business—covering desktop reviews, Phase 1 compliance audits, intrusive Phase 2 investigations, geotechnical studies, validation reports, environmental management audits, flood risk assessments, and regulatory compliance audits or assessments—together with documentation proving that the actions recommended in the disclosed reports have been satisfactorily carried out. Copies of all environmental permits needed under environmental or health & safety (EHS) law for the Property or the Business (including licences, consents, authorisations, approvals, registrations, notifications and exemptions), plus any compliance assessment reports, information on any outstanding applications for new permits or variations to existing permits, and all correspondence sent to or received from the relevant competent authority or regulator regarding the permit(s). Details of activities undertaken at the Property by the Business and by previous users of the Property (including particulars of any hazardous substances stored or used at the Property) and any known contamination, pollution events, or remediation works at...

date [ date ] Parties [ name of Company ], either of [ address ] or incorporated in England and Wales (company registration number [ number ]), with its registered office at [ address ] (Company) [ name of Development Manager ], either of [ address ] or incorporated in England and Wales (company registration number [ number ]), with its registered office at [ address ] (Development Manager) 1 Definitions In this Agreement, the following meanings apply: Additional Development Fee – any extra sum due from the Company to the Development Manager for an Additional Service; Additional Service – any further service that the Company instructs the Development Manager to provide in accordance with clause 10; Anti-Bribery Laws – BA 2010 [ and any other Legislation relating to the prevention of bribery or corruption ] [ (including any similar or equivalent legislation in any other relevant jurisdiction) ]; Appointment – a deed to...