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Contaminated land guidance revised

13 December 10

The Society has reconsidered its guidance to solicitors in the light of the complexity of the area and the availability of accredited specialists

In April 2003, the Law Society of Scotland issued guidance to Scottish solicitors regarding contaminated land. This can be viewed at www.journalonline.co.uk/magazine/48-4/ 1000481.aspx

The Society’s Professional Practice and Conveyancing Committees have reconsidered that guidance in the light of the complexity of this area and the availability of specialist advice from Scottish solicitors accredited in environmental law.

The committees’ view is that if a Scottish solicitor does not feel qualified to comment regarding environmental matters, whether in general and/or in particular in regard to contaminated land matters, then, whatever the nature of the property in the transaction (including for the avoidance of doubt both residential and commercial property), that solicitor is entitled to seek to exclude liability for environmental law matters and/or contaminated land matters, provided that exclusion of indemnity is made clear in the initial terms of business issued to the client with respect to the transaction in question.

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