Blog: Environmental enforcement undertakings - what insurers and brokers need to know


Environmental criminal liability in England and Wales has recently undergone a period of significant change. Prosecutions have become fewer in number and fines for prosecutions that do take place have become much larger. According to Aidan Thomson and Sam Levy, environment lawyers at Bryan Cave Leighton Paisner and Stephen Sykes, environmental insurance lawyer and executive at Ashfield Risk Transfer Solutions in addition, and perhaps the most important recent trend of all, the use of alternative enforcement options - in particular, enforcement undertakings - in respect of breaches of environmental law is increasing.

With this in mind, in relation to environmental insurance, it is crucial for insurers, brokers and insureds to consider what the move towards enforcement undertakings means for them.


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