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Feed-in Tariff—checklist on issues in property transactions

Feed-in Tariff—checklist on issues in property transactions Feed-in tariff (FiT) The FiT scheme was introduced in April 2010 as a way of encouraging the uptake of a range of small scale renewable and low carbon electricity generation technologies (microgeneration) and applies to Great Britain. Those eligible for the FiT scheme: • are paid a specified amount for every kilowatt hour (kWh) unit of electricity they generate—the generation tariff • can (in addition) sell any surplus electricity that is exported to the grid (as opposed to consumed on site) to a licensed electricity supplier (usually the electricity supplier in respect of the site of the relevant generation facility) at a specified pence per kWh tariff—the export tariff • will (where energy is consumed on site) benefit from having lower energy bills, as they won't need to purchase as much energy from their energy supplier The FiT scheme came from powers in sections 41–43 of the Energy Act 2008. The detailed mechanics of the FiT scheme have been implemented by way of:...

Electronic evidence in arbitration—checklist

Electronic evidence in arbitration—checklist This Checklist provides practitioners with a list of issues to consider when dealing with electronic evidence in arbitration. At the outset of arbitral proceedings, consider the role that electronic evidence might play, in particular: • consider data protection legislation including, for example, the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, which relates to the processing of personal data and the free movement of such data. Are your clients and legal advisors data controllers and/or data processors? Does the evidence involved in document production include personal data? Has a comprehensive assessment of any data protection obligations been planned or been carried out? Have the appropriate measures been taken? See Practice Note: Arbitration—data protection and GDPR considerations • does your client possess relevant electronically stored information (ESI)? If so, advise your client to implement a document retention policy across all relevant companies/individuals to safeguard potentially relevant material • consider the devices which ESI may be held (eg mobile phones and tablets) and...

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Case management in the magistrates’ courts

Case management in the magistrates’ courts The overriding objective Pursuant to the overriding objective, courts are required to actively manage cases in order to ensure that they are dealt with justly in an efficient and expeditious manner. In practice, this means that the courts must effectively manage each case. Moreover, the prosecution and defence also need to actively assist the court to ensure that their case is being dealt with as efficiently as possible. Case management in the magistrates’ court Case management in the magistrates’ court is governed by Part 3 of the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759 together with the Criminal Practice Directions. Criminal lawyers should also ensure they are familiar with the requirements of the Better Case Management Handbook and the Transforming Summary Justice (TSJ) Renewal Programme. Together, CrimPR 2020, SI 2020/759 and the Criminal Practice Directions are the law which provide a code of current practice that is binding on the courts to which they are directed, and which promotes the consistent...

Notifying changes in share capital to Companies House—statement of capital

Notifying changes in share capital to Companies House—statement of capital A statement of capital is a snapshot of a company’s share capital at a given time. The Companies Act 2006 (CA 2006) requires that one must be completed by a company in a variety of situations. Requirement for a statement of capital A company with a share capital must be able to provide any of its members with a current statement of capital on request. In addition, a statement of capital must be filed with Companies House in connection with almost all transactions involving a company’s share capital. Such a statement of capital is incorporated as part of each Companies House form filed upon: • an allotment of shares by a limited company (Form SH01) — where a single Form SH01 is notifying a series of allotments, the statement of capital should reflect the company’s position following the most recent allotment being notified • a consolidation of shares (Form SH02) • a sub-division of shares (Form SH02)...

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Grazing lease—Scotland—Style

Grazing lease—Scotland—Style Parties 1 [insert full name of party], residing at [insert address] (together with their successors as landlord under this Lease), are hereinafter together referred to as the Landlord; and 2 [insert full name of party], residing at [insert address] [and [insert full name of party], residing at [insert address]] (hereinafter [together] referred to as the Tenant). IT IS CONTRACTED and AGREED between the Parties as follows: 1 Definitions Act • means any act of the United Kingdom (UK) or Scottish Parliament and any delegated law made under it and any European Community legislation or decree having effect of law in the UK; Authority • means any statutory, public, local or other authority or any court of law or any government department or any of their duly authorised officers; Date of Entry • means [insert date of entry]; Ish • means [insert date of ish—no more than 364 days after date of entry]; Landlord's Neighbouring Property • means the neighbouring property retained by...

Precedent s 106A deed of variation/supplemental agreement

Precedent s 106A deed of variation/supplemental agreement AGREEMENT relating to Section 106 and 106A of the Town and Country Planning Act 1990 [and [insert other legislation]] in relation to the development at [insert address] This Agreement is made on [insert date] Parties 1 [insert name], of [insert address] ("Council"); 2 [insert name], of [insert address] (“County Council”); 3 [insert name], of [insert address] (“Owner”); and 4 [ Additional parties as necessary eg landlord, mortgagee, option holder etc. ] ("[insert additional parties as necessary eg landlord, mortgagee, option holder etc] "). Background (A) The Council is the local planning authority for the purposes of s 106 and s 106A of the 1990 Act for the area within which the Land is situated and is capable of enforcing the obligations in the Original Agreement. (B) The County Council is the local highway authority for the area within which the Land is situated and is capable of enforcing the obligations in the Original Agreement. (C) [Recite ownership details...

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If a US company has a UK-registered branch but will soon no longer have premises in the UK, is there an obligation to dissolve the registered UK branch?

If a US company has a UK-registered branch but will soon no longer have premises in the UK, is there an obligation to dissolve the registered UK branch? If an overseas company closes a registered UK establishment (which includes a branch of an overseas company; see Practice Note: Overseas companies with an establishment in the UK), it must give notice of that fact to Companies House on a Form OS DS01. There is no specified filing deadline, but the Overseas Companies Regulations 2009, SI 2009/1801, reg 77 states that Form OS DS01 must be delivered ‘forthwith’. The date of closure must be entered on the form. From the date on which notice of closure is given, the company is no longer obliged to deliver documents

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Minutes of the CPR Committee meeting—2 February 2024

The minutes of the CPR Committee (CPRC) meeting of 2 February 2024 (conducted in a fully remote format via video conference) cover a number of issues including the extension of fixed recoverable costs, the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention), and references to Judges in the Civil Procedure Rules.

Arbitration—the time limit for challenging an award under section 70(3) of the Arbitration Act 1996; whether section 70(3) applies to a partial award (Radisson v Hayat)

Arbitration analysis: Practitioners should note that a challenge to an award on the ground of serious irregularity affecting the tribunal ought to be issued almost immediately when it believed it had grounds for objecting. Otherwise there are tangible risks. In the present case, the court found that, on the precise facts, the claimant was precluded by section 73 of the Arbitration Act 1996 (AA 1996) from raising its objection to the partial award. Time-scales can be relatively short. In this case, the claimant issued its Claim Form on 27 January 2022. The court found that by 13 January 2022 Radisson knew there were grounds for objection and that it could have sent a letter raising the objection immediately following its discovery of the Word Document but for strategic reasons it chose not to do so. This meant that Radisson failed to show that it did not have knowledge for the purposes of AA 1996, s 73 of the grounds for objection at the time it continued to take part in...