What is the Combined Heat and Power Quality Assurance scheme (CHPQA)? The CHPQA is a scheme operated on behalf of the Department for Energy Security and Net Zero (DESNZ) in consultation with the devolved administrations in Scotland, Wales and Northern Ireland. DESNZ was established on 7 February 2023 and has taken over the energy portfolio of the former Department for Business, Energy and Industrial Strategy (BEIS), which no longer exists, including its functions in respect of the CHPQA. The aim of the certification scheme is to assess, monitor and improve the quality of combined heat and power (CHP) in the UK. CHP is an important part of the UK’s low-carbon ambitions, as it uses the waste energy produced by electricity generation to provide heat directly to domestic and non-domestic properties (broadly, in the form of hot water and steam conveyed through a circuit of pipes; it is therefore a particularly efficient form of generation and is sometimes known as ‘co-generation’). For further information on CHP projects generally, see Practice Note: An introduction to Combined

This week's edition of Property Disputes weekly highlights includes: the Ministry of Housing, Communities and Local Government’s announcement that the Renters’ Rights Bill has progressed to its report and third reading stage in Parliament, further analysis of the High Court decision on the impact on Welsh landlords of failing to provide Electrical Condition Reports to contract holders, and the Civil Procedure Rule Committee’s proposed amendments to rule 52.12(3) of the Civil Procedure Rules. It also includes High Court decisions on the test for locus standi where a claimant relies on 'associational standing' in an application to judicially review implementation of licensing schemes under the Housing Act 2004, mortgagee possession claims, the definition of a building under the Landlord and Tenant Act 1987, and on transactions defrauding creditors.

Private Client analysis: Re Smith concerned several overlapping applications all broadly related to the powers and duties of trustees under a trust settled by a commercial contract. The court held that the phrase ‘bare trust’ had no specific meaning other than generally conveying a desire for minimalism in the trust, but further that the terms of commercial trusts were to be interpreted in light of the surrounding contract and that the provisions of the Trustee Act 1925 (TA 1925) and Trustee Act 2000 (TrA Act 2000) would be excluded where they were contrary to the purpose of that surrounding contract. Given the trust in this case essentially existed as a way to hold and distribute proceeds of litigation and little more, the trustees were not considered to have any right to replace another trustee, or to take an active role in management of the trust property, or to indemnity against the trust assets. Where trustees were removed by the court, there was no need to replace them if the court made sufficient arrangements for the orderly administration of the trust, in this case by the appointment of receivers over the trust assets, albeit this would be an exceptional conclusion. Practitioners should now be aware that commercial contracts which rely on trusts may not necessarily carry with them any desired part of the equitable framework behind trusts, and should consider drafting contracts to expressly include such parts where needed. Written by Piers Digby, barrister at Radcliffe Chambers.

There are numerous potential complexities involved in disputes arising within the energy sector. Frequently, because of the location of the projects or energy source, the nationality of the parties and the venue or law chosen for resolving disputes, disputes will be international in nature and will involve consideration of cross-border issues. The dispute may arise from more than one contract and between more than two parties. In many cases, they will involve governments or state-owned entities, which introduces a further level of complexity. Given the breadth of this category of disputes, this Practice Note focuses on the practical issues which may need to be considered in starting a claim and does not address specific substantive issues relating to any particular dispute. For a summary of the various issues to consider, see: Starting a claim in an energy dispute—checklist. Energy disputes—examples and hypothetical scenario The scope of disputes which might be classed as an energy dispute is broad. Examples of typical energy disputes include: • a dispute between the parties to a joint operating agreement

This Checklist is for use where you are acting for the buyer on the acquisition of a registered freehold residential property either with vacant possession or subject to a lease or leases. It is not exhaustive and will not cover every eventuality for every transaction. You must always consider whether there are any other issues that need to be addressed. It includes the following key sections: • Preliminary matters • Does the buyer need a mortgage to acquire the property? • Before exchange of contracts • Are you ready to exchange? • Exchange of contracts • Post exchange steps • Between exchange and completion • Are you ready to complete? • Completion • Post completion Preliminary matters Have you taken instructions from the buyer? Effective due diligence and transaction management require a sound understanding of the buyer’s needs and of the proposed terms of the purchase. Full instructions should be taken and you should clarify any part of your instructions which are unclear or unusual. Consider whether any additional specialist advice might be

It is vital for parties to follow the correct procedure for making claims under the FIDIC contracts. The consequences of not doing so are severe, and may lead to the claim being barred or the claiming party’s entitlement being reduced. This Practice Note considers the procedure for claims brought by the Contractor or Employer under the FIDIC Red, Yellow and Silver Books 2017, focussing specifically on the detailed process set out in clause 20.2. See also Flowcharts: Claims under the FIDIC Red and Yellow Books 2017 (clause 20.2) and Claims under the FIDIC Silver Book 2017 (clause 20.2). In the 2017 contracts, claims by the Employer are now treated in the same way as Contractor claims—claims by the Employer were subject to their own (less strict) regime in the 1999 editions. For guidance on claims under the 1999 Red, Yellow and Silver Books, as well as under the Pink and Gold Books, see Practice Notes: FIDIC contracts (pre-2017 editions)—Contractor claims and FIDIC contracts (pre-2017 editions)—Employer claims. Another change in the 2017 contracts is that

This week's edition of Commercial weekly highlights includes: analysis of the decision in Sundorne Products v Geminor UK which considered whether a contract had been formed between the parties in a contractual joint venture, commentary on the EU’s Consumer Protection Cooperation Network’s complaint about Meta’s requirement that consumers consent to the use of their personal data for personalised advertisements or pay a subscription fee, and news that Ofcom has announced new consumer protection rules to prohibit inflation price increases in consumers’ contracts.

Construction analysis: The Outer House of the Scottish Court of Session rejected a consultant’s argument that claims for defects and breach of duty were extinguished because the original party’s interest in a construction contract was transferred to a new party via a Novation Agreement, and the benefits under an underlying appointment were also assigned. Lord Ericht rejected the argument made by the consultant that the rights and obligations under the agreements had vanished, but instead held that they had been transferred.

NHS Employers has updated its guidance for employers on the use of settlement agreements and confidentiality clauses when resolving a workplace dispute or ending an employment contract. The guidance includes the latest information on legislative requirements, good practice examples on the freedom to speak up, guidance on Mutually Agreed Resignation Schemes, information on board members and the NHS England Fit and Proper Person Test Framework, and links to further resources.

The Low Carbon Contracts Company (LCCC) signed a Revenue Support Agreement (RSA) for the HyNet Cluster on 24 April 2025, supporting a broad range of low-carbon projects, including industrial carbon capture, hydrogen production, and power generation with carbon capture. The RSA is a private law contract that provides financial stability to transport and storage companies by safeguarding against revenue shortfalls as the carbon capture, usage and storage market evolves.

NOTICE CONFERRING BENEFIT OF THIRD PARTY RIGHTS [ By recorded delivery ] [Name of grantor of third party rights] [Grantor’s address] Company registration number [insert company registration number] For the attention of [insert name] [Insert date] Our ref: [insert reference] Dear

Banks and other funders frequently take an assignment of the benefit of the suite of construction documents in respect of a development as an additional part of a security package for their loan to finance the development. See Practice Notes: Assignment in construction contracts and Legal and equitable assignment in construction contracts. This Practice Note looks at the different methods used for such an assignment and some of the risks. In this note, for brevity, all funders are referred to as ‘banks’. Why does a bank wish to take an assignment? It is worth noting that an assignment of construction documents is only one of a number of security measures that a bank will have. It will also probably register a charge against the employer itself and will also benefit from a suite of collateral warranties from the construction parties (contractor, professional consultants and key sub-contractors). These warranties will be likely to contain step-in rights so that the bank can assume the position of the employer in the event of the employer defaulting