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Practice notes

Precedents

Q&As

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Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

The Offshore Transmission Owner (OFTO) regime

What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore...

A company’s constitution

What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of...

Practice notes

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

9th Nov

Practice notes

Supplier of last resort—key features

What is the ‘supplier of last resort’?When the Office of Gas and Electricity Markets (Ofgem) revokes a supply licence (usually because of insolvency),...

Produced in partnership with Matthew Collinson 9th Nov

Practice notes

Rome Convention—introduction and interpretation

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

9th Nov

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...

9th Nov

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Practice notes

Investment treaty arbitration—an introduction

STOP PRESS: This Practice Note is being reviewed in light of the 5 May 2020 agreement by most EU Member States to terminate their intra-EU bilateral...

Produced in partnership with Joe Tirado, Partner of Garrigues UK LLP and Elisa Vicente, Senior Associate of J&A Garrigues, S.A. 9th Nov

Practice notes

Applicable law clauses

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

9th Nov

Practice notes

Decommissioning—decommissioning security agreement

Decommissioning security agreementsOil and gas companies are expected to return the seabed to its original state (subject to certain exceptions) by...

Produced in partnership with Isla Stewart of Matheson 9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Practice notes

Wind Turbine Supply Agreement

What is a Turbine Supply Agreement (TSA)?The Turbine Supply Agreement (TSA) is a critical component of the contractual framework for a wind farm. This...

Produced in partnership with James Bruce of Gowling WLG and Aniela Foster-Turner of Siemens Gamesa 9th Nov

Most recent Property and construction issues in the energy sector content

Practice notes

Contracts for Difference (CfD)—key features

Electricity market reform (EMR)The EMR programme was developed by the government to promote investment in secure forms of capacity and affordable low...

Produced in partnership with Louise Dalton, Partner and Matthew Brown, Senior Associate, with the assistance of Rosie Lapper, Trainee Solicitor, all of CMS Cameron McKenna Nabarro Olswang LLP 1st Dec

Practice notes

CRC Initial Phase (Phase 2)—issues in restructuring and insolvency

Restructuring and insolvency professionals may find themselves working with businesses with obligations under the CRC Energy Efficiency Scheme (CRC...

1st Dec

Practice notes

CRC Initial Phase (Phase 2)—issues in corporate transactions

The CRC Energy Efficiency SchemeThe CRC Energy Efficiency Scheme (CRC Scheme) was a mandatory UK-wide emissions trading scheme in the UK that aimed to...

Produced in partnership with Angus Evers of Shoosmiths 1st Dec

Practice notes

CRC Initial Phase (Phase 2)—qualification and registration

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme is a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide...

1st Dec

Practice notes

CRC Initial Phase (Phase 2)—public sector organisation rules

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme was a mandatory emissions trading scheme in the UK that aimed to cut carbon dioxide...

1st Dec

Practice notes

CRC—key changes

The Carbon Reduction Commitment Energy Efficiency Scheme (CRC) was a mandatory UK-wide trading scheme intended to incentivise large organisations to...

1st Dec

Practice notes

CRC Initial Phase (Phase 2)—compliance and enforcement

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme is a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide...

1st Dec

Practice notes

CRC Initial Phase (Phase 2)—trading and surrendering allowances

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme was a mandatory emissions trading scheme in the UK that aimed to cut carbon dioxide...

1st Dec

Practice notes

CRC Initial Phase (Phase 2)—corporate structures

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme was a mandatory UK-wide emissions trading scheme in the UK that aimed to cut carbon...

Produced in partnership with Angus Evers of Shoosmiths 1st Dec

Practice notes

CRC Initial Phase (Phase 2)—reporting

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme was a mandatory emissions trading scheme in the UK that aimed to cut carbon dioxide...

1st Dec

Practice notes

Energy Savings Opportunity Scheme (ESOS)—ESOS assessment, reporting and compliance

ESOS is an energy assessment and energy savings scheme. It is mandatory for organisations that meet the qualification criteria, ie large undertakings...

Produced in partnership with Ramboll Environ 30th Nov

Practice notes

Climate change levy

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with Angus Evers of Shoosmiths 30th Nov

Q&As

Where an electricity substation is let on a business lease and the land has planning permission for redevelopment, the owner intends to serve an s 25 notice to end the lease at the end of its term. Is there any provision under the Electricity Act 1989 or regulations flowing from it that the electrical network operator tenant can use as an additional defence to require the landlord to grant it a new lease?

This Q&A relates to any special provisions relating to the ending of a lease for an electricity substation.It is occasionally the case that a party...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov

Q&As

Where a landowner is required to enter into a lease for a substation on its land for the sole benefit of adjoining land, is there any requirement under electricity legislation for the network operator to be reasonable in negotiating the lease terms with my client? On what basis could my client seek redress to Ofgem if the network operator was not?

Electricity companies, in common with other utility suppliers, are under statutory obligations to provide continuity of supply. This may mean that,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov

Q&As

Do electricity wayleaves automatically come to an end upon the sale of the land by the grantor?

Wayleaves: what they are and how they ariseThe legal nature of a wayleave is that it is a ‘consent’—or licence—given by the owner of land to another...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 29th Nov

Q&As

Where a statutory undertaker requires access to a property to carry out statutory gas works, can the property owner claim compensation from the statutory undertaker in respect of any costs it incurs as a result of these works, for example for the removal and storage of furniture?

Rights of entryAs with supplies of water and electricity, those who carry out essential functions relating to the supply of gas have powers of entry...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 29th Nov

Q&As

What rights of access do gas companies enjoy for the purpose of maintenance and repair of utility installations?

Gas companies’ rights to enter premises for maintenance and repair are statutory rights, mainly from the Rights of Entry (Gas and Electricity Boards)...

Produced in partnership with Bethany Pickup of Browne Jacobson 29th Nov

Q&As