Energy resources for construction lawyers

This subtopic aims to bring together a selection of energy-related content that may be of assistance to construction lawyers working on an energy project.

Sectors

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Practice Note: Construction horizon scanner tracks upcoming developments relevant to energy projects
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Practice Note: Introduction to UK energy projects for construction lawyers provides background on how the construction of projects in the energy market operate, including which procurement routes are used and how energy projects are funded. It focuses on how construction is typically procured for renewables projects such as wind farms, solar projects and fuelled renewables like biomass
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Practice Note: Nuclear sector projects considers projects in the nuclear sector—it looks at both decommissioning projects and new build projects. The Practice Note examines the regulation of this sector and at the procurement routes and typical structures of projects in the nuclear sector. It also looks at the funding/financing structure of nuclear sector projects, the documents involved (core contract, warranties, direct agreements, etc) and key considerations/issues in the tendering, negotiation and pricing of projects in this sector
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Practice Note: Waste to energy infrastructure projects—an introduction introduces waste to energy

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Latest Energy News

DESNZ opens consultation on BUS and clean heat installation certification rules

The Department for Energy Security and Net Zero (DESNZ) has launched a consultation on proposed changes to the Boiler Upgrade Scheme (BUS) and certification requirements for clean heat installations. The two-part consultation addresses amendments to BUS, including new heat pump purchase options and expanded eligibility for low carbon heating technologies and proposes making the Microgeneration Certification Scheme (MCS) the sole certification scheme for clean heat installations across multiple programmes. The proposals aim to streamline certification processes while enhancing consumer protections through measures such as upfront grant deductions by installers. The consultation will close on 11 June 2025.

Scottish Government releases FOI documents for Clean Power 2030 Action Plan development

The Scottish Government has released Freedom of Information (FOI) documents revealing its involvement in developing the UK government's Clean Power 2030 Action Plan which was published in December 2024. The documentation illustrates extensive consultation between the UK and Scottish governments in terms of the plan to decarbonise Great Britain's power system by 2030. The National Energy System Operator (NESO) provided independent analysis in November 2024, with the final plan focusing on accelerating renewables and increasing low-carbon flexibility, while acknowledging Scotland's position against new nuclear power development. The publication includes internal briefings and meeting notes from September-December 2024, detailing intergovernmental coordination on implementation.

ACER publishes guidelines to share cybersecurity information in electricity sector

Agency for the Co-operation of Energy Regulators (ACER) has published new guidelines aimed at enhancing the protection of cybersecurity information exchanged under the EU-wide network code on sector-specific rules for cybersecurity aspects of cross-border electricity flows (NCCS). The guidelines emphasise the need to maintain the confidentiality of sensitive information on cyberattacks, threats, risk assessments, and cybersecurity expenditures while ensuring that such information is shared securely amongst entities and with the relevant authorities. It recommends the use of the Traffic Light Protocol (TLP) for exchanging information and offer methods for anonymising and aggregating data, particularly when no legally binding national classification schemes are in place.

Where there's no waiver, there's no way (Barclays Bank plc v VEB.RF)

Commercial analysis: The English High Court has provided further guidance on the interpretation of ‘no waiver’ clauses in a recent decision. The backdrop to this decision was a sanctions related dispute about the termination of a currency swap agreement between two banks, one of which was Russian, the other English. The agreement had a dispute resolution clause where the forum was arbitration unless the English bank gave notice that a dispute should be heard by the English courts. Pamela Vassil, lawyer at A&O Shearman, examines the court’s decision.