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 considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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