Eversheds International
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Environmental civil disputes
The challenges faced by our clients
Warranties and indemnities in corporate and property transactions are now extremely sophisticated. Significant sums may be at stake, requiring the vigorous enforcement or defence of claims. A company needs to act promptly where the actions of a neighbour (or contractor) threaten to put it in breach of its own discharge consents, are interrupting its business, or are causing health and safety concerns. A company may find itself facing claims in private or public nuisance, despite lawfully operating at a site for many years. Where the actions of another have resulted in an investigation or prosecution by a regulator, or a claim from a customer, it may be appropriate to seek compensation.
We have a team of specialist environmental dispute management lawyers. They understand the technical and scientific issues associated with such disputes and have the expertise to help you come to an informed decision about how to manage a dispute and find a practical solution.
How we can help
Our expertise includes:
- breach of warranties or indemnities
- nuisance, negligence or trespass claims, including group actions
- breach of statutory duty
- claims against environmental professionals
- strategic use of Environmental Information Regulations
- injunction proceedings
- Judicial Review
- ADR/mediation.
Our experience includes:
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Defending a environmental indemnity claim in excess of £50m pounds following our client's sale of part of its business.
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Advising a Local Council on the Judicial Review of the conditions in an environmental PPC permit which it issued to a local glass manufacturing operator, and on the successful determination of a second PPC permit application. The Judicial Review case went to the Court of Appeal in June 2006 and is noted as being one of the leading environmental law cases of that year.
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Advising a manufacturing company on a threatened group action nuisance claim from a group of local residents.
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Advising a water company on an urgent injunction application.
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