Latest updates

Future of renewables in Scotland: Hydrogen Policy Statement
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 08 March 2021

The Scottish government recently released its Hydrogen Policy Statement together with the Scottish Hydrogen Assessment. The statement has been long heralded and eagerly awaited by industry. This article discusses key aspects of the statement, including key sectors for deployment, the trade of hydrogen, locations for deployment, the timeline for deployment, funding, key stakeholders and the next steps.

COVID-19 and business interruption insurance: implications for landlords and tenants
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 19 February 2021

The Supreme Court's judgment in the Financial Conduct Authority's test case on non-damage business interruption cover for losses arising from the COVID-19 pandemic has wide-ranging implications. In terms of the impact on property, this is a significant decision for both landlords and tenants, where premises were forced to shut under the government's instructions to businesses to close and stay at home and following the introduction of social distancing instructions in March 2020.

Energy White Paper – what does it mean for 2021?
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 15 February 2021

At the end of 2020 the Department for Business, Energy and Industrial Strategy published the much-anticipated Energy White Paper, setting out its strategy for the United Kingdom's energy transition over the next decade. The Energy White Paper focuses on strategy in six key areas: consumers, power, the energy system, buildings, industrial energy and oil and gas.

AR4: what you need to know about the next CfD round
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 14 December 2020

The Department for Business, Energy and Industrial Strategy recently published its response to the consultation on the proposed amendments to allocation round four (AR4) contracts for difference (CfD) for low carbon electricity generation. Industry should note the headline amendments to AR4 – in particular, the new 'pots', changes relating to negative pricing, capacity caps and the amended supply chain plans policy.

High Court dismisses challenge to government's permitted development and use classes order reforms
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 11 December 2020

The judicial review of the government's changes to the use classes order and new permitted development rights was recently dismissed. The High Court ruled that the changes had been legally enacted, a judgment which Rights: Community: Action is seeking permission to appeal. Although this appeal is unlikely to be successful, until any appeal is resolved, there remains uncertainty around the ability to rely on these new permitted development rights and use classes.

An uphill struggle? Drop-in planning permissions and incompatibility following Hillside case
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 27 November 2020

A recent Court of Appeal case is the latest in a series of recent planning law cases to be decided against the developer. The courts seem to be moving towards a simpler but less flexible planning system. This is in contrast to the government's recent changes intended to promote flexibility in the planning system.

Consultation on introduction of market restrictions on certain single-use plastics in Scotland
CMS Cameron McKenna Nabarro Olswang LLP
  • Product Regulation & Liability
  • United Kingdom
  • 26 November 2020

The Scottish government has launched a public consultation on the introduction of market restrictions on certain single-use plastic items. Responses to the consultation must be submitted before 4 January 2021. The proposed market restrictions on single-use plastics follow and may extend beyond the provisions in Article 5 of the EU Single-Use Plastics Directive 2019/904.

Devil is in the detail – food and drink labelling changes from 1 January 2021
CMS Cameron McKenna Nabarro Olswang LLP
  • Product Regulation & Liability
  • United Kingdom
  • 12 November 2020

A raft of updated government guidance has been published clarifying the requirements for labelling and packaging food and drink in readiness for the end of the Brexit transition period on 31 December 2020. This should provide some comfort for food business operators and be well received by the food and drink industry, which has long urged the government to consider measures for periods of adjustment. However, despite these government notes, uncertainty remains.

Duration of planning permissions in principle – helpful simplification on its way?
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 06 November 2020

Over the past few years, there have been numerous queries arising out of uncertainty and lack of clarity in relation to the timescales for the commencement of development under a planning permission in principle and its associated approval of matters specified in conditions. The simplification that will be introduced by the Planning (Scotland) Act 2019 is therefore likely to be welcomed by many, but there are important points to note about the provisions in the 2019 act.

Indemnity for cost of contaminated land
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 30 October 2020

A recent case concerning a landlord's counterclaim for the cost incurred by it in remediating its property prior to undertaking a major redevelopment project provides a useful reminder to tenants on the extent of their potential liability at the end of the term of their lease and sounds a cautionary note to any party undertaking works under licence. The landlord was entitled to recover the full cost of the remediation work to deal with asbestos contamination caused by the previous tenant and its parent company.

Government consults on ecodesign and energy information laws changes
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 19 October 2020

Until 11 November 2020, the Department for Business, Energy and Industrial Strategy (BEIS) is consulting on the draft Ecodesign for Energy-Related Products and Energy Information Regulations 2021. The consultation asks stakeholders to comment on the ecodesign and energy labelling proposals, BEIS's assessment of the costs and benefits and the intended timetable for reviewing the draft regulations after they came into force, noted in each product-specific section.

Terminating agreements under Electronic Communications Code
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 09 October 2020

EE Limited v Edelwind Limited is another in the increasing line of cases concerning the operation of the Electronic Communications Code, contained in Schedule 3A to the Communications Act 2003. This one, before the Upper Tribunal, concerned the code's provisions governing the service of a notice to terminate a code agreement in terms of when and on whom the notice should be served.

Power to the people: recent guidance on Section 104 of Community Empowerment (Scotland) Act
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 25 September 2020

In a recent judicial review appeal, the Inner House considered the application of Section 104 of the Community Empowerment (Scotland) Act, which deals with consultation in respect of disposing and changing the use of common good property. The petition was for judicial review of the Angus Council's decision to demolish a leisure centre which had been erected on common good land.

32nd offshore licensing round sees 113 licences awarded by OGA
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 21 September 2020

The Oil and Gas Authority (OGA) recently announced its offer for the award of 113 licences over 259 blocks or part-blocks to 65 companies. Licences were awarded in the OGA's 32nd offshore licensing round, which was launched on 11 July 2019 and closed for applications on 12 November 2019. The 32nd round saw the offer of 768 blocks or part-blocks, with acreage on offer in the Central North Sea, the Northern North Sea, the Southern North Sea and the West of Shetlands.

Restrictive covenants: some clarity but still subject to competition law
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 18 September 2020

A recent Supreme Court case has clarified the law around challenges to covenants which seek to limit the use of land. The case involved an appeal by a retail anchor tenant against its landlord, which had sought to challenge a restrictive covenant in the lease which prevented it from letting space to businesses that competed with the tenant. The landlord sought to argue that the covenant was unenforceable as it fell within the doctrine of restraint of trade.

Energy transition on UKCS: two critical reports published
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 14 September 2020

August 2020 saw the publication of two documents which will have a significant bearing on developments in the oil and gas industry in the next decade and are closely related. The Department for Business, Energy and Industrial Strategy published a response to its consultation on the reuse of oil and gas assets for carbon capture, usage and storage projects, while the Oil and Gas Authority published its final report on UK Continental Shelf energy integration.

Government publishes landmark Building Safety Bill to overhaul fire safety regulation
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 11 September 2020

The government recently published a draft Building Safety Bill as part of its commitment to overhaul fire safety regulation in the wake of the Grenfell Tower fire in 2017, which claimed 72 lives. The draft bill is the latest in a series of actions that the government has taken to improve fire safety in high-rise residential buildings, including the introduction of the Fire Safety Bill.

Government consults on revised EIA regulations for offshore oil and gas
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 07 September 2020

The Department for Business Energy and Industrial Strategy is consulting on the proposed Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020. The consultation proposes no radical reform to the current environmental impact assessment (EIA) procedures. That said, the consultation proposes detailed changes to the current regulations which, if and when in force, will need to be reflected in developers' EIA procedures.

Government consults on proposals to require provision and publication of data on contractual controls of land
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 04 September 2020

The government considers that better data on land ownership and control is required to achieve its vision for the planning system, improve the development process and increase the public's understanding of who exercises control over land. The government's particular focus is on rights of pre-emption, options and conditional contracts, and it has published a consultation seeking views on how best to improve transparency around them and what additional data should be made public.

Welcome clarification from HMRC on landlord and tenant barter transactions
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 28 August 2020

Her Majesty's Revenue and Customs has released helpful guidance confirming that it does not consider that a number of commonly agreed lease concessions should be classed as barter transactions for value added tax (VAT) purposes. During the COVID-19 outbreak, there has been a marked increase in lease concessions being given in exchange for landlord-favourable lease variations. The classification of such arrangements as barter transactions has had VAT implications for landlords and tenants.