The following Energy practice note provides comprehensive and up to date legal information covering:
This Practice Note contains information on subjects impacted by the UK’s withdrawal from the EU on 11pm on 31 January 2020 (exit day). As of exit day, the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. For further reading, see: Practice Note: Brexit—introduction to the Withdrawal Agreement.
For information on how leaving the EU will affect the EU Internal Energy Market and/or Great Britain’s (GB’s) international electricity and gas interconnectors and trade, see Practice Note: Energy and Brexit—the EU Internal Energy Market and international electricity and gas interconnection regulation and trade, which details the key publications and announcements made to date which are specific to Brexit and the EU Internal Energy Market and/or Brexit and Great Britain’s international electricity and gas interconnectors and trade. It also provides a brief analysis of the consequences of these publications and announcements, and the position to date.
In broad terms, the physical infrastructure of the Great Britain (GB) electricity market can be divided up as follows:
generators—these installations produce the electricity. They are connected to what is colloquially referred to as ‘the grid’, so that they can ‘export’ electricity for conveyance to the consumer’s premises. For more information,
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This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
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