The legal implications of gas to grid: a bio-methane revolution

The widespread deployment of anaerobic digestion facilities is finally becoming a reality after many years of gradual but slow progress. Interest in gas to grid facilities has been a particular feature, prompted by the incentives available under the Non-Domestic Renewable Heat Incentive (RHI). This article explores the regulatory and contractual foundations behind the gas to grid revenue streams and considers some of the practical, commercial and legal issues around the RHI and gas purchase contracts. Continue reading “The legal implications of gas to grid: a bio-methane revolution”

The Court of Appeal drills deep into ‘the root of the contract’ and finds itself divided on whether there was a repudiatory breach for late payment

Many parties will require that certain aspects of a contract are to be performed in a timely manner. Indeed, written contracts will often include provisions that ‘time is of the essence’. The benefit of making time of essence is that this stipulation becomes a condition of the contract: if the performing party fails to perform the obligation within the required period, the other party can choose whether to terminate or affirm the agreement and also claim damages. A breach of a condition is a repudiatory breach, as it is considered to be an outright refusal to perform the contract. There is clearly a huge advantage to parties that are able to terminate commercial relations that have broken down immediately, rather than playing out a notice period and possibly incurring further loss or damage.
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One, two, three: proposals for a Scottish competition authority

This article reviews the Scottish Government’s proposals to establish a Scottish Competition Authority in the event of a vote for Scottish independence in September’s referendum. It also identifies some of the potential implications of the proposals for business in Scotland as well as the many unanswered questions that remain.

In many ways the Scottish Government would be restricted in its choice of any new policies or enforcement action under competition law by the EU competition law regime. This would still apply to Scotland in the event of independence, assuming it became an EU member state. However, there is a clear preference for consumer protection as a priority policy in the relevant proposals. For this reason, one of the more interesting aspects of the Scottish Government’s 
policy papers since February 2013 has been the analysis of the approach taken in countries such as Sweden, Denmark, Finland and the Netherlands as well as Australia 
and New Zealand. Continue reading “One, two, three: proposals for a Scottish competition authority”

Landlord’s disrepair claims: essential guidance for tenants

In a difficult lettings market, the 
expiry of a lease presents the landlord with 
the possibility of an income void lasting many months. It is unsurprising, therefore, that unscrupulous landlords sometimes regard a terminal dilapidations claim as a means of offsetting the leaner times ahead. What can a tenant – faced with a costly and possibly inflated schedule of dilapidations – therefore do to minimise the amount it must pay?
 Continue reading “Landlord’s disrepair claims: essential guidance for tenants”

Collective actions in Europe

Collective actions can significantly increase litigation exposure for businesses. Progressively, collective action rules are being proposed and introduced in more jurisdictions. The last few months have seen steps at both European and national level towards the adoption of new legislation designed to facilitate actions for collective redress. Sarah Croft, of Shook Hardy & Bacon International, assesses the recent developments. Continue reading “Collective actions in Europe”

Changes to the Immigration Rules

In April 2014, the government made a package of changes to points-based system (PBS) work routes to improve flexibility for applicants and help boost economic growth. The changes include amendments across all tiers of the PBS and some minor changes to the rules on family and private life with updates to the minimum salaries and maintenance thresholds. Continue reading “Changes to the Immigration Rules”

Revised EU competition rules for technology licensing agreements took effect on 1 May 2014

Companies involved in licensing agreements concerning patents, know-how and most types of copyrights that affect Europe have to comply with EU competition law rules on technology licensing agreements. The European Commission (the Commission) revised these rules on 27 March 2014 by publishing new versions of (i) the Technology Transfer Block Exemption Regulation (TTBER), which shields licensing agreements from challenges under Article 101 TFEU (the general EU law provision against restrictive agreements) provided certain conditions are met1 and (ii) the related Technology Transfer Guidelines (the Guidelines), which explain the TTBER and the Commission’s competition law assessment of techonology licensing agreements to which the TTBER does not apply.2 

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Environmental compliance moving up the corporate agenda: new sentencing guideline

On 26 February 2014 the Sentencing Council published a new guideline for judges and magistrates on sentencing environmental offences. This guideline 
will take effect from 1 July 2014 and will apply to all individual offenders aged 18 or older and organisations that are sentenced on or after 1 July 2014, regardless of the date of the offence.

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Damages for repudiatory breach of contract: don’t assume the worst

When a party with which you have contracted informs you that they no longer intend to perform their obligations, this will amount to a repudiatory breach entitling you to terminate the agreement and seek damages. In such a case, you should be entitled to recover the amount that would put you in the same position financially that you would have been in had the contract been properly performed. In other words, contractual damages should represent the net loss suffered as a result of being unable to enforce the agreement.

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Directors in Scotland: it’s getting more personal than England

A recent decision of the Outer House of the Scottish Court of Session, Campbell v Peter Gordon Joiners Ltd & ors [2013], has introduced a distinction between Scotland and England as to when a director may face personal liability in a civil action for breach of statutory duty.

The statute in question was the Employers’ Liability (Compulsory Insurance) Act 1969 (the 1969 Act), which applies to employers in Great Britain. Employers commit an offence if they do not have in place insurance for bodily injuries and disease suffered by employees arising out of and in the course of their employment. 
 Continue reading “Directors in Scotland: it’s getting more personal than England”

Healthcare apps: comparing the US and UK approaches

The life sciences sector in the UK has proved economically robust over recent years, growing in strength and diversity. In particular, healthcare technology has seen the largest growth with turnover reaching £17.6bn in 2013.1 Within this has come an exponential rise in mobile medical applications, known as ‘healthcare apps’ or ‘medical apps’, which focus on health, fitness and medical issues.
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Court of Appeal clarifies application of TUPE in administration proceedings

An important decision of the Court of Appeal in November 2013 has overturned the decision of the Employment Appeal Tribunal in the case of employees made redundant by the administrator of a football club prior to its sale. The decision is relevant to purchasers of business and assets from companies in administration. The club was Crystal Palace FC, then owned by a company called Crystal Palace FC (2000) Ltd. The relevant events took place at the end of the 2009/10 football season when the club was near the bottom of the Championship and struggling with severe financial difficulties.

The case concerns the question whether the dismissal of four employees was unfair under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). As explained below, the effect of the changes to TUPE as from 31 January 2014 is unlikely to alter the significance of this decision.
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