Emissions reduction and energy efficiency reporting: is it time to reconsider your compliance strategy? | Burges Salmon

EU Emissions Trading scheme (ETS) market reform is taking shape and appears to be moving ahead despite historic inertia. The Energy Savings Opportunity Scheme (ESOS), the new energy reporting regime, is now in place and enforcement of the Carbon Reduction Commitment (CRC) Energy Efficiency Scheme for phase 2 is intensifying. These enhanced requirements are impacting …

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An exercise in discretion | Cooley

Contractual terms relating to the payment of bonuses by one party to another are ripe for dispute, particularly where those terms involve the exercise of discretion by the paying party. The proceedings brought by Andrew Brogden and Robert Reid against Investec Bank (Brogden & anor v Investec Bank Plc [2014]) are a further reminder of …

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The Water Act 2014 | Burges Salmon

The Water Act 2014 (the Act) is a major step in the government’s liberalisation of the water industry and its provisions, though still awaiting formal implementation in many cases, represent significant opportunities both for companies operating within the industry and commercial water customers. For instance, water supply licences will become more flexible and the rules …

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TUPE transfers, assignment/assignation and restrictive covenants: the Scottish perspective | Brodies

Lawyers have to deal with many issues when businesses are reorganising or making acquisitions but one that can be overlooked is protecting a firm’s ability to enforce restrictive covenants. This is particularly important in industries in which employees’ personal relationships carry significant value. In extreme cases it can influence the structure of a transaction but …

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At cross porpoises? The lessons from Dolphin Square | Falcon Chambers

The right to acquire the freehold or an extended leasehold interest conferred on the lessees of blocks of flats pursuant to the Leasehold Reform Housing and Urban Development Act 1993 continues to raise tricky issues for property investors. The recent long-awaited decision in Westbrook Dolphin Square v Friends Provident [2014] tackles a number of those …

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Schemes of arrangement of overseas companies | Druces LLP

A scheme of arrangement under Part 26 of the Companies Act 2006 is a court-driven process that permits a restructuring on the basis that the requisite majority, by number and value, of the insolvent company’s creditors (or any class of them) vote in favour of it. Where there are different classes of creditors, the company …

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Immigration appeals: the demise of the independent adjudicator | Magrath Sheldrick LLP

For some time, individuals making immigration applications both in the UK and outside of the UK have had the right to appeal to the Immigration Tribunal if their applications were refused. The statutory right to appeal, as set out in s82 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act), confirms that the …

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Condition precedents: why, when and how should you use them?
 | Edwards Wildman Palmer UK LLP

When drafting a commercial agreement, it is prudent to think carefully about the potential issues that may lie ahead once the agreement has been signed and governs your commercial relationship with another party. In particular, where a certain event may trigger an onerous obligation on your part, you should think about whether the clause requires …

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Failing health: why air quality legislation is not working
 | Burges Salmon

A whole body of well-established legislation controlling air pollution is failing to deliver results, in terms of preventing or reducing an estimated 29,000 premature deaths per year in the UK alone. The European Commission estimates that currently around 400,000 people die prematurely from outdoor air pollution across Europe. This article considers where and why the …

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What is your ‘purpose’? | Edwards Wildman Palmer UK LLP

In a contractual dispute involving a written agreement, parties can face difficulties in proving the effect they originally intended particular words of the agreement to have, perhaps because the wording is ambiguous or fails to adequately express the intention of the contracting parties. In such circumstances, the court will analyse the agreement and the intention …

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