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Key definition
Liabilities definition

What does Liabilities mean? In practice, a scheme’s liabilities are what it owes: the future benefit payments (for example, pensions and lump sums) and the scheme’s expenses. They are usually measured as the present value of expected cashflows, determined by an actuary using assumptions on discount rate, longevity, inflation and expenses. Comparing liabilities with the market value of assets gives the funding level: a deficit arises where liabilities exceed assets; a surplus where assets exceed liabilities. “Liabilities” is a descriptive term used across legal, actuarial and accounting contexts rather than a single statutory definition. However, valuation bases are prescribed for particular purposes. In...

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Environmental Damage Regime in England and Wales: operator liabilities, triggers, exemptions, remediation standards, enforcement, costs, time limits and insurance

Practice notes
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The environmental damage regime (EDR) obliges operators of activities that cause serious environmental incidents to both prevent harm and put it right. It rests on the polluter-pays principle and implements the Requirements of the EU Environmental Liability Directive. For more information, see: Environmental damage regulations—overview.

Who is liable?

Liability for environmental damage sits with the operator of the activity.

  • Operator: any natural or legal person, whether private or public, who runs or controls an activity. This also covers the holder of a permit and anyone who registers or notifies an activity.
  • Activity: any economic undertaking, public or private, whether or not for profit. Purely domestic or recreational activities are excluded.

The enforcing authority may proceed against more than one operator. Where more than one person could be the operator, the authority must decide whom to enforce against.

When environmental damage has occurred, a single operator—the responsible operator—will receive a remediation notice. That operator may, however, seek to recover some or all costs from any other person who also contributed to the damage...

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Begonia Filgueira
Begonia Filgueira , FIEMA

Begonia is an accomplished commercial environment, energy and climate change lawyer with over 20 years’ experience advising companies, developers, governments and the United Nations Environment Programme.Her practise covers all aspects of environment and climate change regulation including, waste, water, environmental liabilities, project finance, prosecutions, judicial reviews, green finance, ESG, human rights and climate change governance.An expert in her field, Begonia is a trusted advisor to Boards, advising on managing environmental risk and enabling resilience through climate change governance. She has also given expert evidence to the House of Lords on new environmental legislation and continues to support Parliamentary Committees with her expertise.Begonia is also working on preparing the UK for a post-Brexit world by Co-chairing UKELA’s Governance and Devolution Group.Begonia was made a Fellow of the Institute of Environmental Management and Assessment (IEMA) in 2020....

Web page updated on 21/05/2026

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