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Remediation meaning

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What does Remediation mean?
In legal practice, remediation means the steps taken to put right harm, breach or non‑compliance, typically by rectifying defects, removing risks and preventing recurrence. It is a descriptive term used across contexts (e.g. contract, construction, health and safety, data protection), but in environmental law it is grounded in statute. Environmental remediation covers measures to remove, treat, contain or manage pollution or contaminants in soil, groundwater, sediment or surface water to protect human health and the environment, usually to risk‑based standards. In Great Britain, the contaminated land regime under Part IIA of the Environmental Protection Act 1990 enables local authorities (and SEPA in Scotland) to identify contaminated land, determine the “appropriate person” (polluter and/or landowner) and require works via remediation notices or agreed remediation statements. Northern Ireland has a parallel regime under domestic legislation. In Ireland, there is no direct equivalent to Part IIA; remediation is commonly required through EPA licences, waste and water pollution legislation, planning conditions, and the Environmental Liability Regulations implementing the Environmental Liability Directive. Practically, lawyers focus on: allocation of responsibility, scope and standard of remedial works, regulatory approvals, timeframes, cost recovery and contribution, and the interaction with enforcement undertakings, planning obligations and contractual “remedial works” or “cure” provisions.
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View the related Checklists about Remediation

CHECKLISTS
Landlord and former landlord certificates under the Building Safety Act 2022 (England): triggers, deadlines, content, service, consequences and First-tier Tribunal challenges—practitioner checklist

This Checklist sets out the trigger points and timescales for serving a landlord’s certificate and a former landlord’s certificate under the Building Safety Act 2022 (BSA 2022), together with the consequences of failing to meet the relevant statutory duties. For full guidance, see Practice Notes: Building Safety Act 2022—landlord’s certificate Building Safety Act 2022—landlord and tenant issues In England, the prescribed requirements for landlord’s certificates are contained in the Building Safety (Leaseholder Protections) (England) Regulations 2022, SI 2022/711, regs 1 and 6, as amended from 5 August 2023 by the Building Safety (Leaseholder Protections etc) (England) (Amendment) Regulations 2023, SI 2023/895, regs 10, 11 and 13. All references to SI 2022/711 are, accordingly, to those regulations as amended. Trigger events and timing Has the current landlord (as described in SI 2022/711, reg 1(3) as the ‘person who is the landlord under a lease of premises in a relevant building’) implemented a process to ensure a landlord’s certificate is supplied...

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CHECKLISTS
Contaminated land: due diligence, searches, risk management, and liability allocation under Environmental Protection Act 1990 Part IIA and contract (England and Wales) — checklist for property lawyers

It is important to establish whether or not the land is or may be contaminated: to comply with the Law Society’s practice note on contaminated land—see Practice Note: Land contamination—Law Society practice note on contaminated land; because it could present a risk to human health; and because a buyer may face a statutory requirement to remediate under the Environmental Protection Act 1990, Pt IIA. While Pt IIA is intended as a last-resort mechanism (with remediation far more often secured through planning conditions when contaminated land is brought forward for (re)development), if liability under Pt IIA is imposed the cost of necessary clean-up can be very significant. The Law Society’s practice note advises that, when acting for a buyer, mortgagee or tenant, a solicitor should—unless instructed otherwise—undertake a CON 29 ‘Enquiries of local authority’ and an LLC1 ‘Requisition for local land charges search’ to establish whether the local authority has designated the land as contaminated. The acting solicitor should also ensure that...

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CHECKLISTS
FCPA investigations: UK practitioners’ checklist on compliance programmes, privilege, DOJ/SEC co-operation, remediation and cross-border risks

Investigations into suspected breaches of the Foreign Corrupt Practices Act 1977 (FCPA 1977) are frequently lengthy and complex. Questions around privilege, voluntary self-reporting and cross-border dynamics must be thoroughly assessed and managed with care. This Checklist should be read alongside the Practice Note: Practical steps in a bribery investigation—UK and US perspectives. For further detail on the FCPA, see Practice Notes: US Foreign Corrupt Practices Act (FCPA), The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table, and FCPA internal investigations and enforcement proceedings (US). Prior to investigation Lawyers should consider the following steps: Ensure the company has a robust compliance programme, backed by sufficient resources and incorporating anonymous reporting channels and whistleblowing policies. Under the US Department of Justice’s (DOJ) Principles of Federal Prosecution of Business Organisations, when deciding whether to bring charges, negotiate plea or other agreements, and determine fines, the DOJ assesses the adequacy and effectiveness of the corporation’s compliance programme at the time of...

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NEWS
UK corporate crime weekly, 8 January 2026: 2025 case highlights; SFO compliance guidance; jury reforms; AML and sanctions actions; asset recovery; environmental and health & safety enforcement; local authority prosecutions.

In this issue A review of key cases in 2025 Decision to prosecute and alternatives to prosecution Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Environmental offences Financial services and pensions offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information A review of key cases in 2025 Headline corporate crime matters in 2025 included the UK Supreme Court overturning the convictions of two traders jailed for rate manipulation; the anti-fraud agency deploying a seldom‑used legal power to recover criminal cash; and the first conviction for sanctions breaches. See News Analysis: The biggest financial crime cases of 2025. Decision to prosecute and alternatives to prosecution SFO compliance guide highlights early remediation is key On 26 November 2025, the Serious Fraud Office (SFO)...

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NEWS
Construction law and policy update—12 December 2024: building safety, Welsh building control, Scottish cladding commencement, dispute boards survey, arbitration ruling, environmental and EPB consultations, infrastructure plan and skills initiatives

In this issue: Building safety Building regulations Alternative dispute resolution Arbitration Environmental issues Projects Construction industry news Daily and weekly news alerts Construction trackers Building safety CLC announces restructure of ICSG The CLC has set out a reorganisation of the Industry Competence Steering Group (ICSG) to enhance competence and safety standards across the built environment sector. Under this strategic change, the ICSG will become a formal working group within the Building Safety Regulator’s Industry Competence Committee. The refreshed framework features sector-led groups, key topic groups and working groups, informed by contributions from more than 60 professional and trade bodies and 1,500 individuals, reinforcing the drive for improved standards. See: LNB News 09/12/2024 61. Housing (Cladding Remediation) (Scotland) Act 2024 (Commencement) Regulations 2024 SSI 2024/370 These regulations designate 6 January 2025 as the appointed day on which all provisions of the Housing (Cladding Remediation) (Scotland) Act 2024 not already commenced will come into...

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NEWS
Ireland: CBI Insurance Quarterly Newsletter (Q1 2025) – supervisory priorities, Revised Consumer Protection Code (2026), asset‑intensive reinsurance scrutiny and data request, plus DORA ICT third‑party contracts and EIOPA updates

On 24 March 2025, the Central Bank of Ireland (Central Bank) released its inaugural Insurance Quarterly Newsletter (newsletter) for 2025. It features several significant pieces for Irish (re)insurers, such as the Central Bank’s yearly Regulatory & Supervisory Outlook Report, discussion of asset‑intensive reinsurance, and updates to the Consumer Protection Code (with the Business Standards). The Regulatory and Supervisory Outlook Report The Central Bank published its Regulatory and Supervisory Outlook Report on 28 February 2025 (report). It set out the Central Bank’s perspective on principal trends and risks across the financial system and came with a Dear CEO letter describing the Central Bank’s updated supervisory approach. The newsletter draws out the report’s central themes, notably the Central Bank’s Supervisory Priorities for 2025. proactive risk control and leadership that puts consumers at the centre within firms ensuring firms remain resilient amid a difficult macroeconomic backdrop remediation of weaknesses in operating frameworks by firms effective change management within firms tackling climate change and progressing...

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View the related Practice Notes about Remediation

PRACTICE NOTES
Contaminated land remediation notices: prosecution, penalties, defences, civil injunctions, and authority-led remediation with cost recovery for non-compliance

Consequences of non-compliance If any requirement in a remediation notice remains unmet, the enforcing authority will need to decide whether to: prosecute commence civil proceedings carry out the remediation work itself Prosecution for non-compliance Offence Failing, without reasonable excuse, to comply with any requirement in a remediation notice is an offence. A person may therefore be prosecuted even where there has only been partial compliance with the notice. Whether someone has a reasonable excuse for non-compliance is a question of fact to be determined by the specific circumstances of the case...

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PRACTICE NOTES
Water pollution liabilities and enforcement in England and Wales: offences, permitting, agricultural controls, nuisance claims, penalties and remediation, including corporate and officer liability

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...

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PRACTICE NOTES
UK Corporation Tax: Land Remediation Relief for Contaminated and Derelict Land—Eligibility, 150% Deductions, Tax Credits, Exclusions and 2024–2025 Policy Developments

What is land remediation relief? (LRR) LRR provides corporation tax relief on expenditure incurred in remediating contaminated land or in bringing derelict sites back into use. In 2009, the regime was broadened to address market failure by returning long-term derelict land to use, bringing such sites back into use. An incentive applies where land, whose development has been affected by various kinds of continuing dereliction, is brought back into productive use. The extension was intended to correct market failure by encouraging activity on sites blighted by ongoing dereliction. The relief was at risk of being discontinued after 2012; however, the 2012 Budget confirmed it would continue. The October 2024 HM Treasury Corporate Tax Roadmap, published alongside Autumn Budget 2024, notes the new Labour government’s commitment to a brownfield-first approach, prioritising the development of previously used land wherever possible. Given the time since the last review of LRR, and the potential for it to help progress the government’s objectives, the Roadmap announced that a consultation would be launched to...

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PRECEDENTS
Internal Investigations Policy for Financial and Business Crime: Reporting, Evidence Handling, Whistleblowing, Governance, Employee Support, Loss Recovery and Remediation

1 Introduction 1.1 This policy outlines the duties of staff and leaders regarding inquiries into fraud, bribery, the facilitation of tax evasion, and other commercial offences (collectively, ‘financial crime’) within [ insert organisation name ]. We have zero tolerance for any form of financial crime and pledge to safeguard our assets and uphold honesty and integrity at all times. 1.2 [ Insert organisation name ] is dedicated to running its operations transparently, honestly and fairly, at all times. Everyone employed by, or acting for, [ insert organisation name ] must consistently demonstrate the highest level of accountability and foster an ethical culture at all times. 1.3 When financial crime is suspected, [ insert organisation name ] will initiate an impartial inquiry into the allegations and take suitable remedial action. Actions may involve disciplinary processes, dismissal and/or providing information to the relevant criminal prosecution authorities. [ Insert organisation name ] will, where appropriate, pursue recovery of funds lost through financial crime perpetrated or enabled by employees...

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PRECEDENTS
Law firm human rights due diligence and impact assessment template: client, sector, geographical and supply chain risks, stakeholder impacts, remediation and review

We have conducted a review to identify where our business faces the greatest risk of either: creating or adding to negative human rights impacts through our own operations, or having our activities, goods or services directly tied to adverse human rights impacts via our business partners. [ We were supported by [ name of external consultants ] in completing this review. ] [ During the review we engaged the following stakeholders through [ insert brief details of method(s) of stakeholder engagement used, if any ]: [ insert details of first internal and external stakeholders engaged with during the assessment ] [ insert details of next internal and external stakeholders engaged with during the assessment ] ] [ We followed the impact assessment approach set out in [ eg The International Business Leaders Forum (IBLF) and the International Finance Corporation (IFC), working with...

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PRECEDENTS
Share purchase EHS due diligence questionnaire: permits, contamination, waste, chemicals, energy and emissions, ESG and climate reporting, biodiversity net gain, health and safety, insurance and liabilities

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...

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