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Jurisdiction(s):
Ireland

Ireland: Environmental risk, liability and due diligence in share and asset acquisitions, including licence and permit transfers and enforcement

Practice notes
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Legal advice on environmental matters in the context of a corporate transaction demands a commercial review of the environmental obligations the client has accepted, or will assume, and the actual or contingent risks and liabilities that may arise from them, including:

  • any potential effect on the value of assets (for instance arising from remediation in respect of environmental issues, or from other clean-up obligations and related expenditure)
  • any likely operational implications (for example triggered by the transfer, suspension, or revocation of an environmental permit or necessary licence required to carry on the business)
  • any consequential costs of compliance (for example the need to upgrade plant and machinery, or procure equipment, to achieve compliance with environmental obligations)
  • any reputational risks (for example pollution events, or perceptions of poor environmental or sustainability performance, which could negatively influence share prices)
  • any risk of enforcement action or legal proceedings being brought against the target and/or its directors, managers, or comparable officers, for alleged breaches of environmental law

Environmental liabilities

There are various types of environmental liabilities that could be associated with a company...

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David Foy
David Foy

David is an associate and a key member of the Environment and Planning team at Mason Hayes and Curran LLP (Dublin). Prior to joining MHC, David practised in environmental and health and safety law in a large international law firm. David is experienced in advising on EU and national legislation in complex planning and environmental cases. He specialises in statutory approvals for large-scale infrastructure developments, including energy, housing, and electricity transmission projects. He has significant experience in advising on planning and EHS issues in corporate transactions and in compliance matters. David also advises on health and safety regulatory matters. ...

Web page updated on 22/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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