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Environmental permit transfer requirements—Checklist

Environmental permit transfer requirements—Checklist Environmental permits An environmental permit is required to operate a regulated facility or cause or knowingly permit a water discharge activity or groundwater activity. Former pollution prevention and control (PPC) permits, waste management licences, water discharge consents, groundwater authorisation and radioactive substances authorisations are now called environmental permits. Some facilities are regulated by the EA in England or the Natural Resources Wales (NRW) in Wales, while others are regulated by the relevant local authority. On 1 January 2017, the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 came into force, revoking and consolidating the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675 which had been amended on numerous occasions. The EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries and all offences occurring on or after 1 January 2017 will be prosecuted under the EPR 2016. Offences committed before 1 January 2017, will be prosecuted under the EPR 2010....

Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

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Financial sanctions target match investigation—flowchart

Financial sanctions target match investigation—flowchart This Financial sanctions target match investigation flowchart illustrates the step-by-step process to be taken when a potential financial sanctions target (designated person) match has been identified. It is intended to be used to ensure all relevant points are considered. Note 1 See Precedent: Financial sanctions target match report form. This match report form is intended for use by staff to report possible financial sanctions target (designated person) matches discovered through the screening process. This form should be completed in full, and staff should attach any required documentation (as set out in the form) and then submit it to your sanctions representative. Note 2 See Precedent: Record of suspected financial sanctions target match investigation. This record is intended to be completed by the sanctions representative. It documents the investigative steps taken in confirming whether or not a suspected financial sanctions target name match is actually a match or whether it is a false positive. Note 3

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Tax and hedge funds—what are hedge funds?

Tax and hedge funds—what are hedge funds? There is no specific definition of the term ‘hedge fund’. Rather, the label ‘hedge fund’ represents a sort of catch-all for funds that don't sit neatly into any other category of collective investment (eg authorised investment funds or private equity funds). There are, however, a number of characteristics that are typically shared by so-called hedge funds. If present, these would typically cause a fund to be classified as a ‘hedge fund’ as opposed to any other sort of investment fund. In practice, most hedge funds will have all (or most) of the following characteristics: • open-ended collective investment vehicle • seeking a total return for investors • generally opportunistic • taking ‘short’ positions • maximising leverage (ie borrowing) • fee structures comprising both a fixed management fee and a variable annual performance fee This Practice Note explores each of these characteristics in turn. The UK tax regime applying to hedge funds is explored in the following Practice Notes: • Tax and...

Due diligence and disclosure phase in share purchase transactions

Due diligence and disclosure phase in share purchase transactions This Practice Note is part of the Share purchase transaction collection. Timing Due diligence will normally be carried out after the parties have signed heads of terms and put confidentiality provisions in place. The due diligence process will then run concurrently with the negotiation of the principal sale documentation (share purchase agreement and related ancillary documents). The majority of the due diligence should be conducted during the early stages of the transaction so as to ensure that the parties can negotiate appropriate warranty and/or indemnity cover in the share purchase agreement, and also the seller's disclosures against such warranties. The disclosure letter will be drafted and negotiated alongside the negotiation of the share purchase agreement and will be executed at the same time as the share purchase agreement. The first draft of the disclosure letter will generally not be prepared until after due diligence is substantially underway and an initial draft of the share purchase agreement has already...

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Using client account as a banking facility—case studies

Using client account as a banking facility—case studies We must not use a client account to provide banking facilities to clients or third parties. This is a strict requirement of rule 3.3 of the SRA Accounts Rules, which applies to our general client account and any separate designated client accounts. Allowing our client account to be used as a banking facility carries the risk that we may assist money laundering or similar offences. You must be aware of and comply with our policy on anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing when receiving client or office money. [This includes our separate policy on receiving cash.] The SRA can impose heavy penalties for breach of rule 3.3. There does not need to be a direct risk of money laundering, etc or any suggestion of impropriety. A breach of rule 3.3 in itself is sufficient for the SRA to impose a penalty on the firm and/or any individuals involved. We must only receive money into our client account where...

In-house lawyers—Performance appraisal and personal development (blank template)

In-house lawyers—Performance appraisal and personal development (blank template) Name [insert appraisee’s name] Current manager [insert appraiser’s name] Position/title department [insert appraisee’s job title] Current personal development plan (PDP) year [insert PDP year] Department [insert appraisee’s department] Date of appraisal [insert date] Aim of the meeting • To understand your personal aspirations. • To provide feedback about your level of performance. • To plan your future with us, ensuring we are supporting your career development. • To set and agree objectives aligned with the strategic aims of the legal team. What the meeting will cover • Part 1—Performance against personal objectives • Part 2—Performance against core skills • Part 3—Assessment of overall performance • Part 4—Future aspirations • Part 5—Future personal objectives • Part 6—Personal development plan Preparation for appraisal meeting Please review and complete sections 1 to 4 in advance of the meeting. This includes your assessment of your progress and performance rating. Provide a copy of your completed papers to [the Human Resources Manager OR your...

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Which government departments are responsible for sanctions and how do I contact them about sanctions queries?

Which government departments are responsible for sanctions and how do I contact them about sanctions queries? Sanctions are non-permanent restrictions or prohibitions imposed by governments that regulate how its people and companies engage with sanctions target countries or regimes. They are an essential foreign policy tool which can be made against countries, regimes, organisations, individuals and entities. They are intended to bring about a change in policy or activity in the target country, region, government, companies or individuals. Sanctions may be classified by category, such as trade, financial, transport or immigration sanctions. This distinction is descriptive of the type of prohibition and determines which government department applies and enforces the sanctions. In broad terms: • financial sanctions—measures which restrict dealings in money and the provision of financial services. Examples of financial sanctions include measures to freeze the assets of named persons or entities, restrictions on investing in certain sectors in a country, restrictions on the types of financial arrangements with named entities, restrictions on the transfer...

In a claim by an employer against a former employee’s new employer for one of the economic torts (eg conspiracy, inducement to breach contract), what is the measure of damages?

In a claim by an employer against a former employee’s new employer for one of the economic torts (eg conspiracy, inducement to breach contract), what is the measure of damages? The new employer of the former employee may be made a party to any litigation involving the target employee as a result of the operation of the economic torts, including: • inducement/ procurement of breach of contract • conspiracy (lawful means conspiracy and unlawful means conspiracy), and • unlawful interference with business At final trial, an award of damages may be made against the offending employee's new employer for these economic torts. Where the damages claimed arise from a tort, the court seeks to place the claimant in the same position as if the wrong had not been committed. Loss of profit is the most likely kind of damage to be claimed, but the cost of recovering from the breach can also be claimed, and it is possible to claim exemplary damages. As a general principle,...

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Commission evaluation finds WEEE Directive requires significant reform

The European Commission has published an evaluation of Directive 2012/19/EU (Waste Electrical and Electronic Equipment (WEEE) Directive), identifying five major shortcomings requiring reform. The evaluation found that only three EU member states met the 65% collection target in 2022, while highlighting inadequate scope coverage for new waste streams, fragmented Extended Producer Responsibility schemes, and low implementation of quality treatment standards. The Commission will consider these findings during the WEEE Directive revision process as part of the upcoming Circular Economy Act, with potential measures including mandatory treatment standards and expanded scope to include green and digital equipment.

Decisive reform needed to fix pension issues, IFS report says

Law360; The government should widen the age range for employees being automatically enrolled in a work-based pension, one of a raft of proposals that would address a series of risks to the future of UK pensioners, the Institute for Fiscal Studies (IFS) recommended on 2 July 2025.