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Abela, A, Hoxley, M, McGrath, P and Goodhew, S (2013) A comparative analysis of implementation of the Energy Performance of Buildings Directive in the Mediterranean. International Journal of Law in the Built Environment, 5(03), 222-40.
Adshead, J (2009) An integrated approach to water protection and management: the European Union model. International Journal of Law in the Built Environment, 1(03), 234-43.
Agapiou, A (2015) The factors influencing mediation referral practices and barriers to its adoption: A survey of construction lawyers in England and Wales. International Journal of Law in the Built Environment, 7(03), 231-47.
Andrew, M (2011) Contract interpretation: potential for relaxing the exclusionary rule. International Journal of Law in the Built Environment, 3(03), 205–21.
Besaiso, H, Fenn, P and Emsley, M (2016) Alternative dispute resolution in Palestine: the myth and dilemma of construction mediation. International Journal of Law in the Built Environment, 8(03), 269-86.
Brand, M C and Davenport, P (2012) Adjudication in Australia: An analysis of the amendments introduced by the building and construction industry Security of Payment Amendment Act 2010 (NSW). International Journal of Law in the Built Environment, 4(03), 189-202.
Brodie, M (2010) Building information modelling: the UK legal context. International Journal of Law in the Built Environment, 2(03), 246–59.
Brown, L A (2016) The contaminated land regime and austerity. International Journal of Law in the Built Environment, 8(03), 210-25.
Brown, R (2009) Legal incoherence and the extra-constitutional law of regulatory takings: The Canadian experience. International Journal of Law in the Built Environment, 1(03), 179-93.
Calor, I and Alterman, R (2017) When enforcement fails: Comparative analysis of the legal and planning responses to non-compliant development in two advanced-economy countries. International Journal of Law in the Built Environment, 9(03), 207-39.
Charlson, J, Baldwin, R and Harrison, J (2014) Early perceptions of allowing adjudication of oral contracts. International Journal of Law in the Built Environment, 6(03), 233-49.
Connell, A and Mason, J (2015) Isn’t all loss consequential?: A review of recent case law and its relevance to contractual practices within the built environment. International Journal of Law in the Built Environment, 7(03), 176-94.
Crossley, B J (2015) Inter-organisational relationship trust repair: a ranked Delphi study with UK professionals. International Journal of Law in the Built Environment, 7(03), 195-213.
Davenport, P and Brand, M C (2013) The effectiveness of time bar clauses following the high court in decision in
de Silva, C (2014) Educating the chartered surveyor: looking back to look forward. International Journal of Law in the Built Environment, 6(03), 250-70.
Dixon, M (2013) Title by registration or conquest: Interpreting the Land Registration Act 2002 in England and Wales. International Journal of Law in the Built Environment, 5(03), 194-206.
Ekemode, B G, Adegoke, O J and Aderibigbe, A (2017) Factors influencing land title registration practice in Osun State, Nigeria. International Journal of Law in the Built Environment, 9(03), 240-55.
Fox, J V S (2014) Incentives and limits in letters of intent: are they worth the paper they’re written on?. International Journal of Law in the Built Environment, 6(03), 214-32.
Gibbons, T N (2013) Management agreements in multi-unit housing developments: A case study in regulation and remedies. International Journal of Law in the Built Environment, 5(03), 207-21.
Hetherton, T and Charlson, J (2015) When statutes collide: potential recovery of own party adjudication costs. International Journal of Law in the Built Environment, 7(03), 214-30.
Home, R (2017) Deregulating planning control over Britain’s housing stock. International Journal of Law in the Built Environment, 9(03), 193-206.
Home, R (2012) Forced eviction and planning enforcement: the Dale Farm Gypsies. International Journal of Law in the Built Environment, 4(03), 178-88.
Joanna, P and Mike, H (2010) Use of moral theory to analyse the ethical codes of built environment professional organisations: a case study of the Royal Institution of Chartered Surveyors. International Journal of Law in the Built Environment, 2(03), 260–75.
Jorge, A (2013) The subsidiarity rule: the unjust enrichment doctrine in construction law. International Journal of Law in the Built Environment, 5(03), 253-70.
Leshinsky, R (2016) Touching on transparency in city local law making: Experiences from waking up each day in City of Melbourne, Australia. International Journal of Law in the Built Environment, 8(03), 194-209.
Mamutse, B (2016) Environmental liabilities in insolvency – an area ripe for reform?. International Journal of Law in the Built Environment, 8(03), 243-68.
- Type: Journal Article
- Keywords: insolvency; bankruptcy; corporate law; debt debtor creditor; disclaimer; environmental liabilities environmental obligations; company law
- ISBN/ISSN:
- URL: https://doi.org/10.1108/IJLBE-06-2016-0007
- Abstract:
Purpose The paper aims to examine the question whether legislative reform is the silver bullet for the problems generated by the failure of a company which is exposed to claims arising from the non-fulfilment of its environmental obligations. The limited capacity of the UK insolvency regime to facilitate the fulfilment of a debtor company’s environmental obligations is often illustrated with reference to some significant judicial decisions. However, no real picture has emerged of the frequency with which these issues arise, based on which firm proposals for reform could be advanced. This paper argues that greater regard should be paid to existing mechanisms which provide a means of enabling insolvency risks to be managed or minimised because these point towards the scope for these issues to be resolved through the environmental protection framework rather than through reliance on company and/or insolvency law. Design/methodology/approach Research was conducted into the statutory and non-statutory regulations (such as statutory guidance) and case law principles, which underpin the treatment of the claims against an insolvent (or potentially insolvent) company resulting from its environmental activities. This included research into policies which have a bearing on this area, developed through governmental and civic consultations and studies. Findings The paper concludes that the likelihood of a case for legislative reform being made out is weak, and the focus should accordingly shift to strengthening the effectiveness of existing law, policy and practice. Originality/value This paper is the first (in the UK context) to challenge the perceived need for reform in this area, engaging with recent examples of such corporate failures and the impact of recent legislative and policy developments.
Mansfield, J (2009) The service of notices by commercial property managers in England and Wales: Lessons for property and legal professionals. International Journal of Law in the Built Environment, 1(03), 244-54.
Mason, J (2009) Ethics in the construction industry: the prospects for a single professional code. International Journal of Law in the Built Environment, 1(03), 194-204.
Michael, C B and Philip, D (2011) Proposal for a “Dual Scheme” model of statutory adjudication for the Australian building and construction industry. International Journal of Law in the Built Environment, 3(03), 252–68.
Ní Fhloinn, D (2017) Liability in negligence for building defects in Ireland, England and Australia: Where statute speaks, must common law be silent?. International Journal of Law in the Built Environment, 9(03), 178-92.
Palmer, K (2012) Local authority liability in New Zealand for defective homes. International Journal of Law in the Built Environment, 4(03), 203-16.
Philip, B and Julian, B (2011) New homes and consumer rights: England and Australia compared. International Journal of Law in the Built Environment, 3(03), 269–95.
Ploeger, H and Groetelaers, D (2014) Managing multi-owned, mixed-use developments in The Netherlands: The opinion of professional managing agents. International Journal of Law in the Built Environment, 6(03), 271-85.
Raj, S, Hillig, J B, and Hughes, W P (2009) Responsiveness to change by standard-form contract drafters in the construction industry: a case study of the FIDIC White Book. International Journal of Law in the Built Environment, 1(03), 205-20.
Robert, J M (2010) The teaching of law to non-lawyers: an exploration of some curriculum design challenges. International Journal of Law in the Built Environment, 2(03), 232–45.
Ronan, C (2011) A consideration of recovery of prolongation costs in a construction context. International Journal of Law in the Built Environment, 3(03), 237–51.
Sabri, B K M, Ujang, N, Arif, A M M and Aripin, S (2017) Measures in curbing poor compliance to building control regulation among renovated terrace houses. International Journal of Law in the Built Environment, 9(03), 256-71.
Sidoli del Ceno, J (2014) Compulsory mediation: civil justice, human rights and proportionality. International Journal of Law in the Built Environment, 6(03), 286-99.
Silva, C d (2012) Health and safety: teaching law, educating for prevention. International Journal of Law in the Built Environment, 4(03), 233-46.
Susan, B (2010) Carbon reduction and commercial leases in the UK. International Journal of Law in the Built Environment, 2(03), 218–31.
Wayne Edward, L and Thomas Edward, G (2011) Cost benefit analysis approach to global claims. International Journal of Law in the Built Environment, 3(03), 222–36.
Whaley, A, McAdam, B and Crowe, P (2015) The acceleration dilemma: can English law accommodate constructive acceleration?. International Journal of Law in the Built Environment, 7(03), 248-67.
Williams, P (2012) Managing urbanisation and environmental protection in Australian cities: Approaches for integrating biodiversity and urban growth in Sydney. International Journal of Law in the Built Environment, 4(03), 217-32.
Williams, P J and Williams, A M (2016) Sustainability and planning law in Australia: achievements and challenges. International Journal of Law in the Built Environment, 8(03), 226-42.
Xiaojing, Q (2010) The impact of political forces on urban land ownership reform in transitional China. International Journal of Law in the Built Environment, 2(03), 206–17.
Yau, Y (2009) On the proposed private certification of building works in Hong Kong. International Journal of Law in the Built Environment, 1(03), 221-33.