Corporate liability

Many industrial operators have real estate assets and operational activities which carry increased risks, and can undermine corporate disposal plans, through tightening EU standards on areas such as surface and groundwater protection laws.

This area tends to be about strategic corporate industrial asset management where there is land or water contamination from current or past industrial operations, either where the ‘asset’ remains in the company portfolio OR in preparation for a corporate disposal. Conversely, the service can also be ‘flipped’ around to provide the necessary due diligence tools and contractual strategies for those who are buying or otherwise investing in industrial corporate vehicles.

In either case, there are hidden dangers and liabilities for the corporate owners of industrial freehold or tenants under industrial leases, and for the purchasers of such corporations, including the spectre of directors’ personal liability. Any significant emissions of hazardous substances into the water environment or soils carry real liability risks. These risks are heightened where, as is often the case, there are sensitive neighbours or protected habitats or sensitive surface waters or groundwater aquifers – all of which are now strictly protected under EU legislation such as the Water Framework Directive, the Habitats Directive, the Environmental Liability Directive and the Groundwater Directive.

Corporate Liability + Transaction Risk Management

  • Advice on requisite ‘level’ of due diligence
  • Procurement advice:
    • Specialist consultants
    • Drilling contractors
    • Remediation designers
  • Legal analysis of site investigation data
  • Interaction with site investigation professionals
  • ‘Cut to the chase’ advice and guidance on:
    • Issues (if any) that really matter
    • What needs to be done
    • Who should pay for what – legally and commercially
    • Real liability exposure and how to deal with it
    • How to handle in context of transaction timescales + other dynamics
    • How to handle in context of transaction contracts
    • Minimising expensive remediation + insurance
    • Remediation procurement
    • Insurance procurement
    • Ensuring the ‘clean break’ for vendors
    • Ensuring the ‘clean slate’ for purchasers + funders
  • Assessment of proportionate asset improvement steps:
    • Dealing with the ‘real liability issues’
    • Assisting with corporate reporting of improved risk profiles
    • Blending of the due diligence service + products into your overall transaction objectives
  • Full contractual support package for corporate transaction lawyers, including: 
    • Sale and purchase agreement
    • Disclosure letter
    • Disclosure package

 

Testimonials

I have used Protreat’s services over the last few years and have been delighted with the quality of work carried out. As a regulatory lawyer who often requires specialist guidance and assistance on waste management issues, I have found Chris Williamson’s knowledge and understanding of environmental legalisation, second to none. I have found Protreat to be accessible, responsive, innovative and above all thorough. Consequently, I have always received a service of the highest quality and would have no hesitation in recommending them to others

Tom Cleary

Partner , Knights

Solicitors

2016-06-21T04:20:31+00:00

Tom Cleary

Partner , Knights

Solicitors

I have used Protreat’s services over the last few years and have been delighted with the quality of work carried out. As a regulatory lawyer who often requires specialist guidance and assistance on waste management issues, I have found Chris Williamson’s knowledge and understanding of environmental legalisation, second to none. I have found Protreat to be accessible, responsive, innovative and above all thorough. Consequently, I have always received a service of the highest quality and would have no hesitation in recommending them to others
Martin provided an invaluable mentoring and assessment service during my successful attainment of the WAMITAB Level NVQ4 COTC qualification. His friendly and supportive approach was excellent and helped me gain the qualification in less than three months. As a result of my experience, and 5 years later when I had two employees who needed to qualify for NVQ3 COTC, I contacted Martin and he supported them through their successful attainment. I would definitely recommend Martin to anyone wanting to gain similar qualifications.

Scott Williams

Strategic Client Officer Cheltenham Borough and Cotswold District Councils

2016-05-18T11:58:57+00:00

Scott Williams

Strategic Client Officer Cheltenham Borough and Cotswold District Councils

Martin provided an invaluable mentoring and assessment service during my successful attainment of the WAMITAB Level NVQ4 COTC qualification. His friendly and supportive approach was excellent and helped me gain the qualification in less than three months. As a result of my experience, and 5 years later when I had two employees who needed to qualify for NVQ3 COTC, I contacted Martin and he supported them through their successful attainment. I would definitely recommend Martin to anyone wanting to gain similar qualifications.
During the last 5 years I have worked with Chris Williamson on environmental permit judicial review proceedings, a permit appeal Public Inquiry, a planning permission appeal and various other cases. Chris is a very able no compromise environmental consultant who will look for many angles to defend a client’s best interests in times of adversity

Gordon Wignall

Barrister, 6 Pump Court Chambers

2016-06-21T04:22:48+00:00

Gordon Wignall

Barrister, 6 Pump Court Chambers

During the last 5 years I have worked with Chris Williamson on environmental permit judicial review proceedings, a permit appeal Public Inquiry, a planning permission appeal and various other cases. Chris is a very able no compromise environmental consultant who will look for many angles to defend a client’s best interests in times of adversity
I have known Chris Williamson since 2006 and he has provided environmental & waste advice to CSG on an ongoing basis since 2011. His range of consultancy services are extremely diverse including waste treatment process design & build, project finance models, business plans, joint venture agreements, planning applications, permit applications, appeals, regulatory disputes, commercial dispute resolution, End of Waste applications, quasi legal advice, tied oil schemes, new initiatives etc. I have used most, if not all of these services over the past five years to the benefit of the company so I would highly recommend Chris to any organisation requiring expert environmental support and advice in the waste and industrial sectors.

Neil Richards

Managing Director, Cleansing Service Group

2016-06-21T04:20:31+00:00

Neil Richards

Managing Director, Cleansing Service Group

I have known Chris Williamson since 2006 and he has provided environmental & waste advice to CSG on an ongoing basis since 2011. His range of consultancy services are extremely diverse including waste treatment process design & build, project finance models, business plans, joint venture agreements, planning applications, permit applications, appeals, regulatory disputes, commercial dispute resolution, End of Waste applications, quasi legal advice, tied oil schemes, new initiatives etc. I have used most, if not all of these services over the past five years to the benefit of the company so I would highly recommend Chris to any organisation requiring expert environmental support and advice in the waste and industrial sectors.
We met Martin when he was appointed as our Assessor by QSP Training, to mentor and assess one of our employees through a Level 2 WAMITAB NVQ. After our employee successfully attained this qualification, we called Martin back to help us tackle the challenges that presented themselves after we acquired the skip hire and waste transfer station business. Martin helped us with the permit transfer, and assisted with the organisational documentation that was required by the Environment Agency. In addition, and of equal importance, he mentored and provided guidance to my partner with his WAMITAB Level 4 waste transfer station management award, which resulted in him gaining his Certificate of Technical Competence, an operational condition of the sites waste permit. We would highly recommend Martin to any company needing assistance with any safety, environmental, quality or waste issues in their business.

Nicki Griffiths

Partner Ludlow Skip Hire

2016-05-18T12:01:53+00:00

Nicki Griffiths

Partner Ludlow Skip Hire

We met Martin when he was appointed as our Assessor by QSP Training, to mentor and assess one of our employees through a Level 2 WAMITAB NVQ. After our employee successfully attained this qualification, we called Martin back to help us tackle the challenges that presented themselves after we acquired the skip hire and waste transfer station business. Martin helped us with the permit transfer, and assisted with the organisational documentation that was required by the Environment Agency. In addition, and of equal importance, he mentored and provided guidance to my partner with his WAMITAB Level 4 waste transfer station management award, which resulted in him gaining his Certificate of Technical Competence, an operational condition of the sites waste permit. We would highly recommend Martin to any company needing assistance with any safety, environmental, quality or waste issues in their business.
As a specialist solicitor engaged in all types of regulatory, contractual, advisory, due diligence and litigation work in the fields of waste, pollution and industrial law, I have worked with Chris Williamson many times, and have found his technical and commercial acumen in these areas to be absolutely indispensable. Whether (for example) challenging government actions or framing difficult and highly specialist ‘end of waste’ cases, Chris’ many years of in-depth knowledge and hands-on experience of commercial industrial processes and the critical nitty-gritty of practical chemistry, are in my experience an essential part of a successful legal or regulatory process – no more so than when he drove the technical agenda (and heavily influenced the legal strategy) that won the groundbreaking OSS v Environment Agency end of waste ruling in the Court of Appeal. I unhesitatingly recommend him to lawyers and commercial operators working in this area.

Vincent Brown

Principal, Vincent Brown Associates

Specialist UK and EU Waste & Environment Law Practice

2016-06-21T04:22:10+00:00

Vincent Brown

Principal, Vincent Brown Associates

Specialist UK and EU Waste & Environment Law Practice

As a specialist solicitor engaged in all types of regulatory, contractual, advisory, due diligence and litigation work in the fields of waste, pollution and industrial law, I have worked with Chris Williamson many times, and have found his technical and commercial acumen in these areas to be absolutely indispensable. Whether (for example) challenging government actions or framing difficult and highly specialist ‘end of waste’ cases, Chris’ many years of in-depth knowledge and hands-on experience of commercial industrial processes and the critical nitty-gritty of practical chemistry, are in my experience an essential part of a successful legal or regulatory process – no more so than when he drove the technical agenda (and heavily influenced the legal strategy) that won the groundbreaking OSS v Environment Agency end of waste ruling in the Court of Appeal. I unhesitatingly recommend him to lawyers and commercial operators working in this area.