Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Common law definition

What does Common law mean? In practice, common law means judge‑made rules developed through case law and applied by courts when resolving disputes, filling gaps where no statute applies, and guiding statutory interpretation. It is not defined by legislation; it is a descriptive label for principles articulated in judicial decisions and followed under the doctrine of precedent (stare decisis). Key features include incremental development, binding effect according to the court hierarchy, and availability of judge‑made remedies. It encompasses both common law and (in England & Wales, Northern Ireland and Ireland) equitable doctrines, such as fiduciary duties, trusts and injunctions. In Scotland, the mixed system uses...

Environmental consultants in property transactions: commissioning, due diligence, compliance and liability for land contamination, flooding and climate, ecology and invasive species in acquisitions, disposals, leasing and development

Published by a LexisNexis Environment expert

Practice notes

Purchasers, sellers, landlords and tenants alike should be mindful of the Common law principle of ‘caveat emptor’—‘let the buyer beware’—under which a seller has no obligation to volunteer material facts to a prospective purchaser. For further guidance, see Practice Notes: Property—enquiries before contract and Misrepresentation, misstatement and Non-disclosure in property matters. Do note, however, that where a seller wishes to invoke the ‘sold with information’ exclusion under the contaminated land regime in Part IIA of the Environmental Protection Act 1990 (EPA 1990), relevant information must be supplied...

Numerous environmental concerns can expose parties in property transactions to liability, so a proportionate level of environmental due diligence is advisable whenever property is transferred. This Practice Note considers how environmental consultants support clients during property deals and identifies environmental matters most likely to carry material financial or legal consequences, which should therefore be scrutinised as part of the due diligence process...

Commissioning an environmental consultant

When instructing an environmental consultant to undertake due diligence, ensure you set out the full context of the proposed transaction so that potential environmental Liabilities can be assessed appropriately...

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Darren Beesley

RSK

Darren is the Operations Director for the RSK Geosciences business, (part of the RSK Group). He is a Chartered Environmental Manager with over 25 years’ experience of managing ground-related risks. Darren has extensive experience in the assessment of sites for development and the investigation of potentially contaminated land under Part 2A of the Environmental Protection Act 1990. As well as managing the day-to-day operation of the business, Darren provides advice on environmental due diligence, the management of risk, guidance for material reuse and value engineering of development projects. RSK Geosciences is a leading UK site investigation, geoenvironmental risk assessment, geotechnical design and sustainable land solutions business. The business support clients in managing land with confidence. From complex contaminated land assessments to geotechnical design, geophysical surveys and utility mapping, it provides expertise that reduces risk, saves cost and delivers sustainable outcomes. ...

Web page updated on 21/05/2026

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