IS THERE A LIMIT TO VERIFIERS’ LIABILITY?

Abstract

The validation process of environmental statements, performed by environmental verifiers, is a key element of the EU Eco-Management and Audit Scheme (EMAS). Are environmental verifiers of EMAS to join the ranks of all other professionals who carry the threat of liability for professional negligence? The role of verifiers is analysed. Essential to the on-going acceptance and success of EMAS will be a reconciliation of two conflicting views. On the one hand, the verifier's function is merely to perform a procedural role to check that the participating company has complied with the procedures for EMAS. The converse view is based on an analogy with all other professionals that the verifier's role is to validate the content of the environmental statement. The second issue addressed here is the extent of the verifier's liability to third parties for negligent work. Recent cases relating to professionals are highlighted to illustrate the situations where professional negligence has arisen and to envisage situations where environmental verifiers may be liable.