The following Property practice note provides comprehensive and up to date legal information covering:
This Practice Note highlights key considerations when acting for landowner clients and utility companies (distribution network operators (DNOs)) in connection with the negotiation of substation leases. It also touches on issues for tenant occupiers where relevant.
It should be remembered that the statutory backdrop for substation leases is the Electricity Act 1989 (EA 1989). While the scope of this statute is outside the terms of this Practice Note (see instead Practice Note: Electricity licensees: street-opening and necessary wayleaves — What are ‘necessary wayleaves’?) its importance is that it gives operators the statutory right to install and retain their equipment regardless of any lease terms agreed.
For developers, obtaining a power supply can be a bureaucratic and lengthy process with the cost and timescale depending upon what other applications for power have been made at the same time.
These factors mean that the landowner can be in a weak negotiating position.
Operators will often issue standard form leases and attempt to avoid negotiation. It would not be usual to produce a full mark up of a draft lease as one would for a standard commercial letting. However, it is unlikely to be appropriate to accept a lease as drawn without any amendments. How you approach the draft lease will depend upon your client’s instructions, the nature of the development and any timing requirements. You
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This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s behalf. It considers the principal’s liability for its agent, agent’s authority including remedies for breach of authority, fraud and misrepresentation,
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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