The whys and wherefores of the world of environmental claims

March 10, 2014 - PRLog -- 10 March 2014

Flooding and fracking claims are just two of the hot topics to be covered in the second annual Environmental Claims conference, run by Newzeye at the ICO Conference Centre, London on 1 May.

Leading environmental lawyers, barristers, insurance experts, flooding specialists and regulators will discuss issues ranging from the future of the Environmental Liability Directive (ELD) and key contractual claims cases over the last year to the pitfalls of being an expert witness, and toxic torts.

What are the differences in legislation transposing the ELD into UK law and other Member States? Does it put the UK at a competitive disadvantage? Valerie Fogleman, professor at Cardiff University, and consultant with Stevens & Bolton will look at experience in implementing and enforcing the ELD in the UK and its future.

Mike Marston, divisional director, OHES will look at the specifics with ELD case studies and spill response and management.

The thorny issue of contractual claims under indemnities in purchase contracts is examined by Douglas Bryden, head of Environment and Safety Law, Travers Smith. He will look at them with particular reference to soil and groundwater, focusing on key environmental cases from 2013.

The words toxic torts can spread fear in certain sections of the market. Rob Elvin of Squire Sanders looks at the US experience and predicts developments for the UK.
Examining cases on both sides of the Atlantic, he asks: can techniques and strategies from the US, work in the UK and EU?

There has been a lot in the media about the Habitats Directive and its impacts on protected sites. Gordon Nardell QC, 39 Essex Street will look at delivering and monitoring mitigation measures as well as impacts on protected species including disturbance and project implementation. He will also look at how warranties and indemnities fit in.

Some professionals have suffered by being ill-prepared for being an expert witness. Phil Crowcroft, partner, ERM will look at expert witness work on claims.  He will ask what the role is, what the rules and liabilities are and explain where the pitfalls lie, with case study examples.

The Environment Agency has changed its policy on prosecutions. Dan Wiley, assistant to the Chief Prosecutor at the EA will look at environmental prosecutions and trends from the organisation’s perspective. He will give an update on numbers of prosecutions, outline recent policy changes, and changes in outcomes and explain the development of civil sanctions.

The relationship between environmental regulatory compliance and private nuisance will be examined by Anne Harrison, Associate (Barrister) – Real Estate, DAC Beachcroft LLP. She will look at works notices, civil sanctions and statutory nuisance.

Getting accurate flood risk information and mitigating risk has never been more topical. The subject is complex and needs a double act to provide the necessary depth and breadth. Hamish Hall, technical director, WSP and Dr Mike Walkden, research associate, WSPexamine where to get reputable sources of flood risk information, its translation and application in due diligence, recent innovations in understanding flood and coastal risk and the assessment of coastal and river erosion on assets and contaminated sites.

An international comparative perspective is provided by Graham Hawkins, head of Environmental Solutions, Cunnigham Lindsey.  He will explain International Underwriting Association work on environmental loss scenarios including Professional Indemnity versus Environmental Impairment Liability cover.

Summing up the world of environmental insurance claims ranging from farming and fracking to coal and gemstones will be Mathew Hussey, Environmental Impairment Liability Director, OAMPS. He will look at the frequency of claims, operational risks, historic contamination, insolvency claims, lessons learned and future drivers and forecasts.

Sponsored by OAMPS, the conference will also have a panel discussion along with post-discussion drinks networking. It is co-sponsored by XL Group Insurance and Cunningham Lindsey and supported by OHES Environmental, ADI Group, CIWEM and BLRS.

For more information: http://www.brownfieldbriefing.com/events/environmental-in...

When and where

Environmental Claims 2014: The ICO Conference Centre, 22 Berners Street London W1