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Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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Subsidy Control Act 2022: Scrutiny of another referral by Subsidy Advice Unit
June 2023Introduction We have written previously about the UK’s Subsidy Control Act 2022, which received Royal Asset on 28 April 2022 and came into force on 4 January 2023 (see article here: https://beale-law.com/article/uk-state-aid-control-and-the-subsidy-advice-unit-a-duty-to-ask-but-not-to-listen/). The meaning of subsidy is quite broad. This can encompass any benefit provided from public resources whether in cash or non-cash form. That… Read More >
Global Vantage: Signing on the Singapore line – UK takes a further step in the Pre-Action direction
June 2023Last month, the United Kingdom Government signed the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), further strengthening its standing as a leading hub for Alternative Dispute Resolution. We have previously reported on the key provisions of the Convention and the issues arising from it (which can be found here). … Read More >
Great Power, Great Responsibility: Plugging In – Reforming the Electrical Grid Connection Regime in the UK
June 2023A typical power generation project would until fairly recently have comprised construction of a fossil fuel, often gas-fired, power station. That power station would have been constructed on a site convenient for connection to the national electricity transmission grid, near an area of high demand. Nowadays, at least here in the UK, a typical project… Read More >
No loose change: James v Essex CC – Landfill and a Landmark Procurement Ruling
June 2023Introduction The recent landmark case of James Waste Management LLP v Essex County Council[1] sheds light on the interpretation and application of Regulation 72 of the Public Contracts Regulations 2015 (PCR) concerning contract modifications. This judgment provides significant guidance on several crucial aspects of Regulation 72 and expands upon previous cases, offering valuable insights for… Read More >
Banking on Hydrogen – Green Hydrogen Production in KSA Backed by 23 Financial Institutions
June 2023NGHC Green Hydrogen Facility Saudi Arabia has openly acknowledged that as a leading global energy producer, it must make significant contributions in the global fight against climate change. In this regard it has committed to having net zero emissions by 2060, and to have an impressive 50% of its power generated from renewable resources by… Read More >
Rebuilding Ukraine Part 3: Procurement
June 2023EU support for Ukrainian projects The EU and its member states, along with European financial institutions, are providing up to €50 billion in financial, humanitarian, emergency, budget, and military support to boost Ukraine’s ongoing resilience against Russia’s war of aggression. It goes without saying that a major global financial effort will be required to rebuild… Read More >
REPORTS FROM THE COURTS
June 2023Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth who examine a case highlighting the importance of ensuring that payment provisions are carefully followed; and an Outer House of the Court of Session judgment from Scotland that reinforces the difficulty of challenging an adjudicator’s… Read More >
Bidding Farewell to the Boardroom: Directors Barred for Collusive Tendering
June 2023Introduction In its recent investigation into anti-competitive conduct in the construction services industry, the Competition and Markets Authority (“CMA”) concluded that ten construction firms had engaged in collusive tendering for several main contract and sub-contract opportunities. This conduct contravened Section 1 of the Competition Act 1998, leading the CMA to impose financial penalties totalling £60… Read More >
You shall not pass! – gateway to tax silk’s advice blocks assumption of responsibility claims by investors
May 2023In the recent case of McClean and others v Thornhill KC, the Court of Appeal has upheld the High Court’s determination that the defendant tax barrister owed no duty of care to over one hundred investors where his professional advice as to the likely tax benefits of certain film financing schemes was shared with them by the… Read More >
Rebuilding Ukraine Part 2: Funding and Insurance
May 2023On 23 March 2023, the UK signed a pivotal digital trade deal with Ukraine, that will support Ukraine’s economy and enhance the UK-Ukraine trade and investment relationship. Furthermore, the UK Government is currently compiling a list of priority projects where it is felt that UK businesses can help Ukraine. The focus of this list is… Read More >