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This checklist This checklist highlights the principal issues to address when preparing contractual terms for business to business agreements on product safety and liability. See Practice Note: Product liability risk management for producers for guidance on controlling risk ahead of new supply arrangements, including carrying out appropriate due diligence on other relevant businesses in the supply chain. Identify all applicable laws (eg Sale of Goods Act 1979, Sale and Supply of Goods Act 1994, Consumer Protection Act 1987, General Product Safety Regulations 2005, SI 2005/1803, Consumer Rights Act 2015 and Digital Markets, Competition and Consumers Act 2024), as well as any standards and codes of practice that govern the products. Take into account specific legislation for the manufacture, import and sale of particular goods such as fireworks, cosmetics, toys, pharmaceuticals and medical devices, personal protective equipment (PPE), gas appliances, food and animal feed, and automotive. See Practice Notes: Consumer protection for defective or dangerous products—legal bases, Product liability and defective products and General Product Safety Regulations...
For more practical, step-by-step guidance on solar projects, including viewpoints from several jurisdictions, consult the textbook also: Solar Power: A Practical Handbook. Negotiating a rooftop lease for solar PV panels When arranging a rooftop lease for solar PV panels, the matters at stake will differ according to the interests of the party you represent. Those issues shift depending upon whether one acts for the landlord, the occupier, or the solar tenant. Here, 'landlord' describes the owner of the freehold or a long lease of the relevant building; 'occupier' means the party in occupation; and 'solar tenant' is the entity proposing to install and own the panels. The solar tenant may equally be the building’s occupier, or could be a dedicated solar developer. A growing number of landlords are fitting solar panels to their properties—either via the same corporate vehicle that holds the building, or through a related solar company. This note addresses rooftop leases and, accordingly, assumes a structure in which the solar tenant is a distinct legal...
Physical extent, boundaries, rights, etc Does the sale plan align with: the material set out in the title deeds, and the on-the-ground boundaries indicated by fences, walls, ditches, rivers, streams, etc, or as revealed by the seller in replies to enquiries? See Practice Note: Property boundaries for further guidance. Will a new boundary arise from the sale? Has it been clearly set out on site, and do the plans show its position accurately? Who must put it in place and/or look after it thereafter? Is indemnity insurance for defective title necessary? If so, who will arrange it and meet the cost? See: Defective title insurance—checklist for further guidance. Do mines and minerals form part of what is being sold? See Practice Note: Manorial rights for further guidance. Are sporting rights included in the transaction? See Practice Notes: Profits a prendre and Riparian owners and fishing rights for further...
State aid General Court annuls Commission decision on Danish waste water treatment pricing The General Court delivered its ruling in Case T‑486/18 RENV, Danske Slagtermestre v Commission, on an appeal challenging the Commission’s decision in State aid Case SA.37433—Denmark, concerning alleged State aid arising from rebates on waste water charges. The proceedings were remitted to the General Court following the Court of Justice’s judgment in Case C‑99/21. For context, in 2013 Denmark passed legislation introducing a lower rate per cubic metre once a certain volume of waste water had been discharged, which resulted in diminished payments for the largest users of water services (the 2013 Law). Danske Slagtermestre, a trade association, submitted a complaint to the Commission contending that the 2013 Law bestowed State aid on major slaughterhouses by reducing their contributions for waste water treatment. It concerned waste water treatment pricing, examining whether volume-linked reductions conferred selective advantages on significant users, notably large slaughterhouses benefiting from discounted tariffs thereunder...
In this issue: Air emissions and climate change Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change Greenhouse Gas Removals (GGR)-UK government publishes Business Model documentation On 27 August 2025, the Department for Energy Security and Net Zero (DESNZ) released a suite of papers on its proposed Greenhouse Gas Removals (GGR) Business Model and accompanying policy. The Lexis+ Energy team, working with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law at the University of Edinburgh Law School, set out the context for the GGR Business Model; its relationship with the Power BECCS Business Model; the technologies the GGR framework intends to encompass; its legal footing and principal features; and how...
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change DESNZ releases quarterly waste data reporting template for the UK ETS. The Department for Energy Security and Net Zero (DESNZ) has issued a template for quarterly waste data submissions under the UK Emissions Trading Scheme (UK ETS). It is designed for waste operators to use when sending quarterly data reports to their regulator during the voluntary monitoring, reporting and verification (MRV) period. See: LNB News 19/02/2026 50. AFME responds to European Commission consultation on climate resilience legislative framework. The Association for Financial Markets in Europe (AFME) has provided...
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...
CASE HUB ARCHIVED – this archived case hub sets out the position as at the decision dated 31 May 2012; it is no longer being maintained. See the timeline. Case facts Outline of a UK merger investigation into the completed acquisition of Cambridge Water Plc by South Staffordshire Plc. Latest developments On 31 May 2012, the CC granted unconditional clearance to the merger. Parties South Staffordshire Plc (SS): supplies drinking water from the edge of Ashborne in the north to Halesowen in the south, and from Burton on Trent in the east across to Kinver in the west. Cambridge Water Plc (CAM): provides drinking water to the City of Cambridge. Background The parties serve a wide customer base that includes a range of caterers, retailers such as convenience stores, and other businesses and traders. Their largest national competitors are Bestway and Costco...
The corporate interest restriction (CIR) framework is extensive and intricate. This Practice Note concentrates on the elections a group can choose to make within its interest restriction return. Readers are also directed to: Practice Note: Corporate interest restriction—quick guide for a brief, high-level overview of the CIR and the background to its introduction Practice Note: Corporate interest restriction—glossary of key terms for the meanings of key terms and concepts used throughout the CIR legislation Practice Note: Corporate interest restriction—the main rules for a closer look at the principal operative provisions of the CIR Practice Note: Corporate interest restriction—administration for the more administrative aspects of the CIR, including the interest restriction return The CIR rules permit groups to make specific elections that change the computation of group-interest and other amounts that feed into the group ratio method. Group-interest (rather than tax-interest) is an accounts-based measure of interest and the central component in the calculations of NGIE, ANGIE and QNGIE. Each of the...
Training materials on the protection of confidential information These training resources consist of template PowerPoint slides with accompanying notes, for use by a trainer when explaining the law on protecting confidential information. Topics include: the meaning of confidential information the consequences of breaching confidentiality laws governing confidentiality confidentiality agreements definitions of confidential information authorised recipients purpose and duration of confidential information remedies handling breaches of confidentiality arrangements with subcontractors The training materials are customisable. Use the link below to download the PowerPoint presentation...
1 Definitions Within this clause [ 1 ] the following meanings apply: Contaminated Land Regime • Part IIA of the Environmental Protection Act 1990, as amended from time to time, and the Statutory Guidance Contamination • the existence or build-up of any Hazardous Substances at, in, on or under the Property [ at or prior to the Completion Date ] [ at any time whether before or after the Completion Date ] Environment • any or all of the following media, namely air, land, water (including surface water and groundwater) and any living organisms (including man) or systems sustained by those media Environmental Law • all applicable laws, statutes, secondary legislation, common law, directives, regulations, codes of practice and guidance notes that have legal effect [ and are in force at the Completion Date ] in ...
Definitions Environment Environment means any or all of the following media: (a) air, including the air inside buildings or other structures, whether located below or above ground; (b) land, comprising soil and sub‑surface land; (c) water, covering surface water and groundwater; and includes any ecological systems or living organisms, humans included, that are sustained by those media...
Such works may fall under section 105(1)(b) of the HGCRA 1996 Such works may fall within section 105(1)(b), which treats road maintenance as a construction operation covering the construction, alteration, repair, maintenance, extension, demolition or dismantling of works forming, or to form, part of land, including walls, roadworks, power lines, electronic communications apparatus, runways, docks, harbours, railways, inland waterways, pipelines, reservoirs, water mains, wells, sewers, industrial plant, and installations for land drainage, coast protection or defence. Alternatively, section 105(1)(e) catches operations integral to, preparatory for, or rendering complete those works, including site clearance, earth-moving, excavation, tunnelling, laying foundations, erecting, maintaining or dismantling scaffolding, site restoration, landscaping, and providing roadways and other access. No specific authority concerns these works, yet courts have often held that less orthodox activities are construction operations, for example: Baldwins Industrial Services plc v Barr: crane with driver hire held integral, preparatory to, or completing works under sections 105(1)(a) and (e). Some contracts are excluded from being a ‘construction...
Given the timescales, the matters at hand give rise to questions requiring careful evaluation of factual circumstances and professional judgement. The grant of planning permission and the issue of a building regulations completion certificate confirm that the requisite approvals were secured in 1996, after due consultation with the relevant authorities, at which point the siting of the sewer would have been taken into account...
Under section 11 of the Landlord and Tenant Act 1985, landlords of specified residential tenancies are required, among other duties, to keep the installations in the dwelling-house for space heating and heating water in good repair and proper working order. A tenancy might also impose express duties on a landlord concerning provision of heating and hot water. See Practice Note: Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair. Where...