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GLOSSARY
The Grain and Feed Trade Association is an international trade association whose aim is to promote international trade in agricultural commodities, spices and general produce. GAFTA arbitrations are administered and conducted pursuant to the GAFTA Arbitration Rules No. 125.
PRACTICE NOTES
This Practice provides an introduction to the electricity market in Great Britain (GB). It covers the principal organisations/types of organisation involved in the generation, transmission, international interconnection, distribution, and supply of electricity (electricity wholesale market, electricity retail market, and electricity networks market) in GB, as well as explaining the roles of key industry stakeholders. Given the complex structure of the GB electricity market, this Practice Note provides an overview of the key authorities and market participants in the GB electricity wholesale and retail markets. As the ownership structures of many market participants are often complex, where necessary this Practice Note simply refers to the parent company. Links to key sources/statistics are included, where relevant, as references in this Practice Note. However, for a consolidated set of links to key statistics published by DESNZ about the GB energy market, see Statistics at DESNZ. Brexit impact As of 31 January 2020 (exit day), the UK ceased to be an EU Member State, and at 11 pm (GMT)
NEWS
Construction analysis: The Grenfell Tower Inquiry published its phase 2 report on 4 September 2024. The report sought to unravel how a supposedly fire-resistant concrete building in 21st-century London could transform into a fatal blaze. The report highlights multiple institutional and individual failings that collectively led to this disaster, and makes numerous recommendations aimed at preventing similar disasters in future. In this two-part series, Theresa Mohammed, partner at Watson Farley & Williams, examines the report in detail and sets out its key findings. Part 1 focuses on the historical context to the Grenfell Tower fire, looking at the Inquiry’s findings on significant fires that should have raised concerns within the construction industry, and the evolution of building regulations and fire testing, and their practical shortcomings. Part 2 will focus on the Inquiry’s damning analysis of the systematic failures and blame-shifting among various parties involved in the refurbishment and governance of the Grenfell Tower project, and its key recommendations.
NEWS
Construction analysis: The Grenfell Tower Inquiry published its phase 2 report on 4 September 2024. The report sought to unravel how a supposedly fire-resistant concrete building in 21st-century London could transform into a fatal blaze. The report highlights multiple institutional and individual failings that collectively led to this disaster, and makes numerous recommendations aimed at preventing similar disasters in future. In this two-part series, Theresa Mohammed, partner at Watson Farley & Williams, examines the report in detail and sets out its key findings. Part 1 focused on the historical context to the Grenfell Tower fire, looking at the Inquiry’s findings on significant fires that should have raised concerns within the construction industry, and the evolution of building regulations and fire testing, and their practical shortcomings. Part 2 focuses on the Inquiry’s damning analysis of the systematic failures and blame-shifting among various parties involved in the refurbishment and governance of the Grenfell Tower project, and its key recommendations.
PRACTICE NOTES
The escalation of conflict in the Middle East and the resulting disruption affecting the Strait of Hormuz have created significant legal and commercial challenges for participants in the shipping and trade finance markets. The region remains critical to global energy and commodity flows, and any interruption to navigation, port access, insurance availability or payment channels can have immediate consequences for owners, charterers and lenders. Recent events have forced market participants to reassess both their contractual exposure and operational resilience. The legal consequences of delay, re-routing, detention or payment interruption may extend well beyond the immediate voyage and affect ongoing financing structures, insurance recoveries and supply chain obligations. Force majeure For many parties, force majeure provisions will be the first contractual mechanism considered. Under English law, force majeure is entirely contractual and has no standalone legal meaning. Whether relief is available depends completely on the precise wording of the clause. The expression ‘force majeure clause’ is used to describe a contractual term which provides that, on the happening of a specified
PRACTICE NOTES
This Practice Note considers the circumstances in which the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies to energy projects in the UK, and some of the issues that may arise in practice. It should be read alongside Practice Note: What is a construction contract under the HGCRA 1996?. The HGCRA 1996 applies to all construction contracts (as defined therein) in England, Wales and Scotland. When drafting a contract, it is important to consider whether the works being carried out on site fall within the ambit of the HGCRA 1996 and therefore whether the contract should be compliant with it. This is a debate that frequently arises on energy projects where some or all of the works carried out may fall within the exclusions of the HGCRA 1996. Does the HGCRA 1996 apply to energy projects? In order for the HGCRA 1996 to apply to a contract, the contract must fall within the definition of 'construction contract' (HGCRA 1996, s 104), being a contract for the carrying out of (or
NEWS
Arbitration analysis: By granting a suite of measures—including a worldwide Mareva injunction (and the continuation thereof), a transient appointment of Special Managers, a Chabra injunction against a third party, and appointment of interim receivers over the respondents’ global assets, the Hong Kong Court of First Instance (HKCFI) has once again sent an unequivocal message: it reaffirms the judiciary’s ‘pro-enforcement bias’ and stands ready to utilise full extent of its powers to prevent an award debtor from frustrating the unfavourable awards through hiding or dissipating his assets. Written by Adrian Lai and Matthew Suen.
NEWS
PI & Clinical Negligence analysis: The Hague Convention of 2 July 2019 on the recognition and enforcement of foreign judgments in civil and commercial matters (the Hague Judgments Convention 2019) came into force in the UK on 1 July 2025. In this article, Sarah Prager KC examines the significance of this development—and the limitations of the Convention, concluding that further reform is urgently needed. Written by Sarah Prager KC, barrister at Deka Chambers.
NEWS
Banking & Finance analysis: This News Analysis discusses the 2019 Hague Convention on the recognition and enforcement of foreign judgments in civil and commercial matters (the Hague Judgments Convention) in light of it being signed by the UK on 12 January 2024. It looks at why the prospect of the UK acceding to the Hague Judgments Convention is of particular interest to Banking & Finance lawyers.
PRACTICE NOTES
This Practice Note provides an overview of the Hague Principles on Choice of Law in International Commercial Contracts, also known as the HCCH Principles and formerly called the Hague Principles. This is an international instrument addressing cross-border commercial transactions. What are the HCCH Principles on Choice of Law in International Commercial Contracts? The HCCH Principles deal with questions of private international law (conflict of laws) on contracts. Each modern legal system has its own domestic rules of private international law which often differ from State to State. The risk of conflicting decisions and interpretation of private international law rules (including rules on choice of law) poses considerable uncertainty for international trade and commerce. The problem of how to avoid conflicting judicial decisions has been, for a long time, a central concern of international lawyers. This concern has encouraged not least international organisations such as the Hague Conference on Private International Law (HCCH) to aim for the unification
NEWS
Environment analysis: The Health and Safety Executive have opened a consultation on reform of three aspects of chemicals’ regulation concerning the recognition of biocide authorisations from outside of the UK, the classification, labelling and packaging of chemicals and prior informed consent to the importation and exportation of hazardous chemicals. Written by Robert Lee, Professor of Law at Birmingham Law School.
PRACTICE NOTES
What are heat networks? Heat networks are technologies that provide heating to multiple customers within a building (communal heating) or a number of buildings (district heating), using a common heat generation source(s) and a common heat distribution network of pipes and equipment. The heat is provided in the form of hot water (rarely this is steam but increasingly systems are moving towards circulating lower temperature, ‘ambient’ warmth). Typically, where a DHN spans multiple buildings, heat exchangers are used to separate hydraulically a central system from local, building systems, allowing different pressures and rates of circulation and easier control of temperatures (and ownership) in local buildings. For more information on the technology behind district heating networks, see Practice Note: District heating/heat networks—technology. This Practice Note summarises the obligations under the Heat Network (Metering and Billing) Regulations 2014, SI 2014/3120 (as amended), which are a specific aspect of legal regulation of heat networks. The Regulations affect landlords, management companies and developers who supply heating, hot water and air-conditioning