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Reviewing an environmental report—checklist

Reviewing an environmental report—checklist Who was the report commissioned for? Your client may not be entitled to rely on the report if it was not commissioned for them. Where the report was prepared for another person, check the terms and conditions of the report or the consultant's appointment to see whether there is an express term: • allowing third parties to rely on the report, or • requiring a collateral warranty or reliance letter to be issued in a pre-agreed form Where there is no express term or pre-agreed collateral warranty, consider seeking: • a bespoke collateral warranty to extend reliance to your client • an assignment of the report to your client • a reliance letter for your client • to have the report readdressed to your client, subject to clear terms and conditions • to rely on the Contracts (Rights of Third Parties) Act 1999, unless its application was excluded in the terms and conditions It is also important to establish who the report was commissioned for as...

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Environmental investigations—types of searches and investigations

Environmental investigations—types of searches and investigations Purpose of environmental searches and investigations Environmental investigations are carried out for several reasons. The cost, detail and scope of an investigation will vary depending upon its purpose. Generally, all reports from desktop through to intrusive investigations aim to provide a qualitative and/or quantitative risk assessment to assess potential impacts to human health, buildings and services, eco-receptors or controlled waters. Environmental searches and investigations also allow those involved in land transactions to go into that transaction fully appraised of potential legal liabilities that might arise as a result of historical or current uses of that land. The scope for undertaking an investigation depends on the terms of the transaction, how risk averse the client is, the budget and the characteristics and environmental setting of the site. However, an investigation is usually instructed: • to clarify liabilities under a range of regimes and laws, including: ◦ the contaminated land regime set out in Part 2A of the Environmental Protection Act...

Investigating title in Scotland—searches and enquiries—the basics

Investigating title in Scotland—searches and enquiries—the basics Searches are an essential part of the examination of any heritable title in Scotland and no conveyance can safely settle without them. The content of a search is usually from a public record or register (eg Land Register, Register of Sasines, Register of Inhibitions, Companies House and where appropriate Local Authorities) although it is often augmented with data collected from a variety of sources. Searching is a specialised, exacting and highly technical exercise which, since the mid-19th century, the legal profession has been happy to leave to professional searchers and rely implicitly on their expertise. Searches are usually requested by the seller’s solicitor. It is usual practice for the searches to be ordered early in the transaction to allow time to resolve any adverse matters which are disclosed. Certain searches will need to be current at the date of the transaction so updates of these searches are ordered immediately before settlement. Standard pre-registration searches The nature of the standard...

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Ireland—Report on title—property report for leasehold occupier

Ireland—Report on title—property report for leasehold occupier To: The [directors OR partnership] [Insert the Tenant’s name, address and (if applicable) company registration number] Dear [insert organisation name] [Insert the name and address of the Property] (the Property) Item 1—Scope of this report and reliance The precedent report on title and associated drafting notes cover and provide guidance on the issues that commonly arise on the grant of a new lease to a tenant who intends to occupy the Property. They are not exhaustive. Always consider whether there are any other issues that need to be addressed. Defined terms used in the main report have the same meaning when used in these drafting notes. The Precedent contains optional wording to include if there is a Head Lease and the Head Landlord owns the freehold and the Landlord owns the leasehold interest in the Property. Drafting assumptions It is assumed that: • there are no residential units • the Lease is a commercial lease of whole or part with vacant possession...

Ireland—Report on title—long form

Ireland—Report on title—long form Property: [insert name and/or address of the Property] (‘Property’) Purchaser: [insert name, address and (if applicable) company registration number of Purchaser] Transaction: [insert brief details] 1 Executive summary Scope of report This report is drafted for the sole benefit of the purchaser. It is assumed that the firm preparing the report has already informed the client of any limit on its liability to the client (eg in the client care letter). If this is not the case, consider amending the report to include the relevant limit of liability. The purchaser may ask for the benefit of the report to be extended to third parties; for example, its lender. If a third party is permitted to rely on the report, you will owe a duty in tort to that third party. In those circumstances, you should: • limit the firm’s liability to the third party—the limit on liability is a matter to be negotiated with the third party and should be approved by a partner, and •...

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How do I report on radon levels that are highlighted in an environmental search result?

How do I report on radon levels that are highlighted in an environmental search result? Public Health England have provided the following information on the ukradon.org website: ‘When required by building regulations and associated guidance, new build properties in radon Affected Areas are expected to have radon protective measures installed when they are built. The guidance recommends specific protective measures depending on the construction of the building and whether 'Full' or 'Basic' radon protection should be provided. You can find out whether you should have full or basic protection by asking your builder or by doing a radon search. The radon search will state whether the radon protection expected is 'basic' or 'full'. • basic radon protection—protection is provided by a damp proof membrane modified and extended to form a radon-proof barrier across the ground floor of the building • full radon protection—comprises a radon-proof barrier across the ground floor and provision for subfloor depressurization (a radon sump) or ventilation (a ventilated subfloor void). It is important to realise with...

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Corporate Crime weekly highlights—27 July 2023

This week's edition of Corporate Crime weekly highlights includes analysis of the first court challenge to the UK's sanctions regime and further analysis of the impact of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) and of the limitations of the Quincecare duty confirmed in the Supreme Court judgment in Philipp v Barclays Bank UK PLC (Appellant) [2023] UKSC 25. Also included is news of changes to the Criminal Procedure Rules 2023, of new sanctions to tackle the sale of illegal tobacco products, of the publication of draft legislation that would create a new criminal offence for promoters of tax avoidance and of the latest prosecution news from the Serious Fraud Office (SFO). All this, and more, in this week’s Corporate Crime highlights.

Health and safety prosecution round-up—20 July 2023

A round-up of the latest health and safety prosecutions, including an oil company fined for health and safety failings that led to a fatal fall and a boarding school fined after pupils were overexposed to radon radioactive gas.