Legal Briefing | Corporate and commercial |

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The capacity market, which was introduced as part of the government’s electricity market reform, was established to ensure security of supply in light of the increasing diversity of generation technologies in the UK market. Previous articles from the Burges Salmon team have set out the details of the capacity market and tracked recent updates and consultations. … Continue reading “Capacity for debt? Funding issues and the capacity market”

Legal Briefing | Projects, energy and natural resources |

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The CRC Energy Efficiency Scheme is to be abolished. Although that will be popular among the organisations affected (CRC organisations) there is – and how could there not be? – a sting in the tail. On the plus side, after March 2019 CRC organisations will no longer have to forecast their energy use and buy … Continue reading “The end of the CRC scheme – the inevitable sting in the tail”

Legal Briefing | Projects, energy and natural resources |

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Low oil prices have been causing negative headlines for some time. However, they present opportunities to cash-rich investors looking to acquire assets at discounted prices. Conversely, owners looking to monetise their interests will want to ensure they have their affairs in order in this buyers’ market.

Legal Briefing | Projects, energy and natural resources |

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Nestled between the economic powerhouses of India and China, with a 51 million-strong population and rich in mineral deposits, Myanmar has been heralded as the world’s best up-and-coming mining spot. But how feasible is it to get involved with mining in Myanmar?

Legal Briefing | Projects, energy and natural resources |

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More than four years after its inception, the EU’s Regulation on Energy Market Integrity and Transparency No 1227/2011 (REMIT) is finally getting onto the radar of compliance departments. The first fines for non-compliance have recently been handed out by regulators, and on 7 April 2016 the second phase of REMIT’s data collection and reporting requirements … Continue reading “REMIT – tough enforcement hits energy disclosure regime”

Legal Briefing | Projects, energy and natural resources |

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It seems that lower oil prices are here to stay, at least in the short to medium term. While some in the sector built cash reserves during the boom years or have already renegotiated with their creditors, several are looking at some form of restructuring. This can range from opex/capex reductions to balance sheet restructurings. … Continue reading “Seven questions oil and gas management should ask when approaching restructuring”

Legal Briefing | Human resources |

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With BHS going into administration with an estimated £571m pension deficit and various parties connected to BHS facing questions from the Work and Pensions Select Committee (the Committee) about their role in the sale of the business and the escalation of the pension deficit, the business and political spotlight is firmly on pension deficits and … Continue reading “Pension deficits and refinancing negotiations”

Legal Briefing | Scotland |

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It has been a busy time for Scotland’s constitution. No sooner was the 2014 independence referendum out of the way than the debates and arguments began on new powers for the Scottish parliament. That debate resulted in the Scotland Act 2016, passed shortly before May’s Scottish parliament election.

Legal Briefing | Real Estate |

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Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] is set to be the leading authority on implied terms for some time to come. The Supreme Court confirmed that the more restrictive test of strict necessity remained applicable in all cases. All practitioners must understand the impact of the decision … Continue reading “M&S and implied terms: better not left unsaid…”