Under paragraph 3 of Schedule 6 to the Electricity Act 1989 (EA 1989), the pre-existing licensed electricity supplier in respect of the premises is likely to be deemed to have contracted with the current occupier for the supply of electricity. Under EA 1989, Sch 6, para 3(6), the relevant electricity supplier is obliged to publish the terms and conditions that apply in the case of such deemed contracts, and therefore these terms and conditions should be available on the relevant supplier’s website. The relevant supplier’s deemed contract should therefore be reviewed for the caps on liability and measures of damage that will apply. While the conditions of electricity suppliers’ supply licences (available on the Ofgem

Exchange of contracts for the sale and purchase of land constitutes a binding agreement, and the death of one party to the contract does not affect the validity of the contract. The benefit and burden of the contract will pass to the personal representatives of the deceased who are bound to complete. The surviving party would be entitled to insist that

Consultant’s appointment 1 The Consultant shall not assign the benefit of and/or any rights under this Agreement to any person without the prior written consent of the Employer. 2 The Employer may assign, charge or transfer the benefit of and/or

This Q&A considers cases on the liability of a party appointed by the employer to review and approve a design developed by a contractor in a design and build contract. This role is sometimes known as an independent checker/reviewer or simply the employer’s design consultant (although this latter term could also describe a designer engaged by the employer to undertake design work in a traditional procurement situation). Design checking or design verification is not a topic which has been considered in any great depth or with any great frequency by the courts, therefore there is limited assistance to be found in the authorities. The scope of the duty owed by a professional body engaged to check or verify a design was considered peripherally by the Court of Appeal in MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd. In that case the contractor

This week's edition of Banking and Finance weekly highlights includes: (1) DBT issues updated statutory guidance on PSC ‘significant influence or control’ for companies and LLPs; (2) MHCLG publishes response to contractual controls on land consultation; and (3) Scottish Parliament passes Contract (Formation and Remedies) (Scotland) Bill.

date [date] Parties 1 [name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 2 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Buyer) 1 Definitions In this Agreement, the following definitions apply: Buyer's Solicitors • [name] of [address] (reference [details]) or any other solicitors the Buyer notifies to the Seller; Competent Authority • any: (a) local authority, government department or other body or person exercising powers under statute or by Royal Charter; or (b) utility service or supply company; Condition Satisfaction Date • [date] [(subject to extension in accordance with paragraph 2.1 of Schedule 2)]; Conduits • any media and associated equipment for conducting energy, data or substances; Deposit • [[figure]% of the Price OR £[amount in figures] [([amount in words] pounds)] ]; Disposal • any disposition: (a) as defined in section 205(1) of the Law of Property Act 1925; or (b) as set out section 27 of the Land Registration Act 2002; but excluding a Permitted Disposal; Infrastructure Site • any land on the Property required by a Competent Authority for any of the following

In analysing the causation and remoteness aspects of a professional negligence claim, a good starting point are the 2021 Supreme Court decisions in Manchester Building Society v Grant Thornton (accountants’ negligence) and Khan v Meadows (clinical negligence) where the court (of identical constitution in the two decisions) considered that: ‘ [...] adoption of an analysis of [the below] provides a helpful structure in which to assess the role of the scope of duty principle, “but for” causation and foreseeability of harm in the context of claims of clinical negligence. The product of this analysis assists in the determination of the extent of the claimant’s entitlement to damages in accordance with the principle that the law in awarding damages seeks, so far as money can, to put the claimant in the position in which he or she would have been absent the defendant’s negligence.’ (Khan at para [58]) The analysis (at para [6] of Manchester and reproduced at para [28] of Khan) requires posing and answering the following questions: ‘6.

This Practice Note provides an overview of the business model developed by the UK government to support the deployment of power generation with bioenergy carbon capture and storage, also known as power BECCS. It covers the key features of the power BECCS business model, including the revenue support contract and key legislation and regulation underpinning the model. For more information on: • planning framework applicable to CCUS projects, see Practice Note: Carbon capture usage and storage—planning and policy • permitting requirements for CCUS projects, see Practice Note: Carbon capture usage and storage—permitting requirements We also publish detailed textbook commentary on CCUS and other aspects of the net zero energy transition. For further legal analysis and commentary on CCUS, see textbook: Carbon Capture and Storage. For broad commentary on the regulation, consenting and incentivisation of the energy transition under the laws of England and Wales, including UK CCUS, see also: Collinson and Hockman on Energy Law: Regulating, Consenting

Introduction It is assumed for the purposes of this Q&A that the company is a private limited company incorporated in England and Wales. A shareholders’ agreement is a contract between the members of a company and the company itself. Shareholders’ agreements define and regulate the members’ relationship with each other and the company. A well drafted shareholders’ agreement should complement and supplement the company’s articles of association. Typically, a shareholders’ agreement will contain a list of matters which the company may not undertake without consent. Such consent is often reserved for named shareholders or a group of shareholders by reference to their collective equity percentage holding in the company or the class of shares that they hold. For further information on reserved matters and their use in the context of shareholders’ agreements, see Q&A: What types of matters are usually subject to investor consent

Depending upon the precise nature of the claim, in normal circumstances claims for wages may be brought as: • a claim for unlawful deduction from wages (under section 23 of the Employment Rights Act 1996 (ERA 1996)) • a claim for breach of contract, or • a claim for breach of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, if the outstanding pay relates to statutory holiday entitlement (WTR 1998, SI 1998/1833, reg 30) The question therefore is whether all or any of these claims can be pursued against a deceased employer? Background to legal impact of employer’s death on employment relationship At common law, where an employer is a natural person (as opposed to a legal person, such as a corporate entity or partnership), the death of the employer frustrates the contracts of employment of all the employer’s employees and so the contracts terminate with immediate effect. Frustration is a termination

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Referral Notice Once a Notice of Adjudication has been given, and a person has been appointed to act as an adjudicator, the dispute must be formally referred to the adjudicator. The 'Referral Notice' is the referral of the dispute in writing to the adjudicator. See Practice Note: Adjudication—the Referral Notice and Precedent: Referral Notice for an adjudication. Referring party The party referring the dispute to adjudication, ie the claimant. Rejoinder The second reply by a responding party in an adjudication, ie in response to the Reply by the referring party. Relevant Event In the JCT form of contract, an event which entitles the contractor to an extension of time in which to complete the works. See Practice Notes: JCT contracts—time andJCT—interpreting the lists of Relevant Events

Appointing environmental consultants • Letter requesting environmental consultant proposal for phase 1 audit • Licence to carry out environmental investigations • Environmental consultant form of collateral warranty (with optional step-in clauses) • Environmental consultant’s appointment • Reliance agreement Property transactions • Sale contract—environmental provisions • Restriction on title—environmental provisions binding on successors in title • Sale contract clauses—seller retains environmental liability for contamination • Sold with information clauses • Contaminated land disclosure—‘sold with information’ provisions—indemnity from buyer to seller • Sold with information with indemnity • Payments for remediation clauses • Schedule apportioning costs of remediation of contaminated land • Agreement on liabilities • Asbestos indemnity • Asbestos indemnity for when seller is in breach • Transfer of environmental permits • Leases—landlord protection clause for contamination • Leases—landlord responsible for existing contamination; tenant responsible for new contamination and aggravated contamination • Leases—tenant protection clause for existing contamination • Leases—tenant environmental covenants • Leases—end of term environmental report • Pie crust lease of a unit on an estate • Letter requesting environmental consultant proposal for phase 1 audit • Licence to carry out environmental investigations • Environmental consultant’s appointment