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Environmental Permitting Regulations 2016—water discharge activities

The regulatory regimeThe governing provisions for environmental permitting are in the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. EPR 2016 came into force on 1 January 2017 and consolidated all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2010 replaced the provisions of Water Resources Act 1991 that dealt with discharge consents and water pollution offences. EPR 2010 is revoked in full from 9 May 2024. The EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries. The appropriate agency (or regulator) in England is normally the Environment Agency (EA) and in Wales it is normally Natural Resources Wales (NRW).For more on environmental permitting, see:•Environmental Permitting Regulations 2016—permits, applications and exemptions•Environmental Permitting Regulations 2016—permit determinations and appeals•Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions•Water-related permits and exemptions—overviewCriminal offencesA person must not cause or knowingly permit a water discharge activity, except under and to the extent authorised by...

Professional indemnity insurance in construction projects

Professional indemnity insurance in construction projects This Practice Note looks at professional indemnity (PI) insurance in the context of construction projects—the requirement to hold insurance, the level and basis of cover and typical wording contained in clauses requiring PI insurance to be maintained. For a wider review of professional indemnity insurance, see Practice Note: Professional indemnity insurance—essentials. This Practice Note refers to a consultant’s obligations to maintain PI insurance, however main contractors and sub-contractors taking on design responsibility will also be required to maintain PI insurance and the principles referred to below also apply to those contractors. A contractor with no design responsibility may not consider it necessary to hold PI insurance, however, in the event that a contractor failed to follow the consultant’s designs, an employer may allege that the contractor made an ‘on-the-spot design decision’, which could trigger a PI policy. For more information, see Practice Note: Design liability in construction contracts—Responsibility for design under different procurement routes (in particular, the section titled ‘Traditional’). Requirement to...

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Deed of contribution—private M&A—share purchase

Deed of contribution—private M&A—share purchase This Deed is made on [insert day and month] 20[insert year] Parties 1 The several persons whose names and addresses are set out in the Schedule (together the Sellers and each individually a Seller). BACKGROUND (A) The Sellers have entered into, or will soon enter into, the Share Purchase Agreement with the Buyer regarding their sale of [the entire issued share capital of OR [insert number] [ordinary OR [insert class]] shares in] the Company. [The parties have also entered into or will soon enter into the Tax Covenant.] (B) The Sellers have agreed to regulate the manner in which Claims are dealt with under the Share Purchase Agreement [and the Tax Covenant] and to allocate their respective liabilities arising from any Claim in accordance with the terms of this Deed. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless the context otherwise requires: Agreed Proportion • means as regards each Seller, the percentage set...

Confidentiality agreement — restructuring & insolvency

Confidentiality agreement — restructuring & insolvency This Agreement is made [insert day and month] 20[insert year] Parties 1 [insert name of debtor company] a company incorporated in [insert country eg England and Wales] under number [insert registered number] whose registered office is at [insert address] (the Company); and 2 The Creditors (as set out in the Schedule) (the Creditors); (each of the Creditors and the Company being a Party and together the Creditors and the Company are the Parties). Recitals (A) the Company agrees to disclose information to the Creditors and the Creditors agree to keep that information confidential and use it solely for the purposes of evaluating, negotiating, monitoring and implementing a [Standstill Agreement OR Restructuring Agreement]. (B) [insert any further recitals]. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement, unless otherwise provided: Authorised Person • means any officer, employee, director, consultant, agent, affiliate or representative of the Creditors [the Reporting Accountant] and any other legal or financial...

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What liability would an employer (term is used in the consultant appointment) have for personal injury to a consultant who was injured while carrying out professional services?

What liability would an employer (term is used in the consultant appointment) have for personal injury to a consultant who was injured while carrying out professional services? In general, an employer has both a common law and statutory duty to ensure the safety of their employees. See: Employer’s liability—overview and Practice Notes: The employer's duty of care and Key workplace health and safety regulations for PI lawyers. Since the commencement of the Enterprise and Regulatory Reform Act 2013, civil liability does not arise from a breach of statutory duty unless the relevant regulation provides for it. See Practice Note: Section 69 of the Enterprise and Regulatory Reform Act 2013. See also the Practice Notes in the Lexis+ UK Practical Guidance Personal Injury & Clinical Negligence subtopic: Employer's Liability

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Whiplash tariff amounts set to increase under 2025 regulations

PI & Clinical Negligence analysis: The Whiplash Injury (Amendment) Regulations 2025 are due to come into force on 31 May 2025. Robert Parkin, barrister at DEKA Chambers, takes a look at the impact for PI lawyers dealing with whiplash claims.

Dispute Resolution weekly highlights—1 May 2025

This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the 11th edition of the King’s Bench Guide and the Court of Appeal decision in Freeman v Home Farm Ellingham Ltd (specific performance); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.