What does Land contamination mean? Land contamination describes the presence of pollutants, hazardous substances or waste in, on or under land that may present risks to human health, controlled waters, buildings or the wider environment, typically identified through environmental due diligence, Phase 1/Phase 2 site investigation and risk assessment. It is a descriptive expression used in planning, environmental liability and transactional contexts, rather than a term defined in legislation or case law. The expression is broader than the statutory concept of “contaminated land”: in England and Wales and in Scotland that defined term arises under Part 2A of the Environmental Protection Act 1990 (with associated...
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The remediation sector has shifted rapidly under a range of drivers. The UK Government’s push for sustainable development, pre‑Brexit European legislation, and a growing recognition of the need to safeguard groundwater have all influenced practice. As a result, remedial strategies are now more intricate, creating heightened technical and legal challenges for stakeholders.
From a technical and legal standpoint, remediation in the 1980s and 1990s was comparatively straightforward. Contaminated soil was commonly dug out and dispatched to low‑cost landfill, while groundwater was treated only where an abstraction was affected. The client’s obligations typically ceased once the waste entered the landfill.
Legal exposure was largely confined to any residual contamination at the excavation margins and to the standard of imported materials used to reinstate the void.
Reduced dependence on landfill has encouraged more innovative, sustainable approaches, leading to a rise in on‑site treatment solutions. Where contaminated material does leave site, it is commonly routed to a licensed treatment facility to generate a reusable product, with disposal to landfill retained strictly as the final option...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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 ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...