Brexit: Lessons in tone when producing records

“The lady doth protest too much, methinks” [Hamlet, Act 3, scene2] So it is now said when a person’s protestations are laid on too heavily. We see through their protestations to their true purpose.  Protestations when overdone imply a lack of sincerity. Amongst all the other legal challenges that the Brexit process has brought to…

Is a site audit statement worth the ‘paper’ it is written on?

In many transactions, site audit statements have become de facto certificates that a condition precedent or condition subsequent in an agreement has been satisfied (or not). Multiple parties often rely on a site audit statement, such as vendors, purchasers, financiers, directors and decision makers within a company. However, are these parties entitled to rely on…

Environmental Management Systems: what boards can learn from the Banking Royal Commission

In Australia, the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has exposed remarkable failures in risk management, compliance and culture that have claimed the careers of a number of senior managers and directors and seen the threat of litigation. The underlying issues are not unique to the world of finance.…

Contamination and contracts: managing risk

Last week, I received an email from a lawyer who said their client: “Will not accept responsibility or indemnify for Contamination that has occurred prior to the ‘Acquisition Date’. Under section 6 (s6) of the Contaminated Land Management Act 1997, responsibility for contamination or for any harm caused by contamination cannot be transferred by contract or…