Nicholas Neuberger
Nicholas Neuberger is a corporate lawyer with a particular focus on international transactional matters within the energy sector. He has advised on a wide range of cross-border acquisitions, having worked on deals and projects in more than 40 jurisdictions. He has particular experience in the structuring and development of energy projects, including in relation to shareholder and investment arrangements.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2009
Qualifications
- Legal Practice Course (LPC) (2007)
- Graduate Diploma in Law (GDL) (2006)
- Bachelor of Arts (BA) (2001)
Education
- BPP Law School, UK, L.P.C. (2007 - with distinction)
- University of Bristol, B.A. (2001 - with honours)
2 Contributions by Nicholas Neuberger
PRACTICE NOTES
Co-located renewables and battery storage in the UK: project finance structuring, contracted revenues and optimisation, ancillary services, construction and grid connection risk, sequencing and degradation
An increasing cohort of developers is reporting that co-located battery storage schemes have secured project finance. This marks significant progress, given that as recently as 2018 grid-scale batteries were treated as an emerging asset class, with many funders having written them off as unsuitable for project finance.
This Practice Note sets out key considerations for both lenders and developers looking to project finance co-located battery storage projects.
For more information on:
construction considerations for co-located battery storage projects, see Practice Note: Energy storage—construction issues
property aspects regarding co-located battery storage projects, see Practice Note: Battery storage projects—property issues
planning matters, including in relation to co-located battery storage, see Practice Note: The planning regime for energy storage in England and Wales
battery storage projects more broadly, see Practice Notes: Scaling up energy storage—revenue opportunities in Great Britain and Energy storage technologies in the UK
UK regulatory and licensing matters associated with energy storage projects, see Practice Note: Energy storage—the evolving regulatory regime and renewable subsidy position
For further practical guidance on the financing of energy, power and resources projects across a number of sectors, including those...
Energy
PRACTICE NOTES
Offshore energy knock-for-knock indemnities: scope, drafting and insurance; English law interpretation (negligence, gross negligence, wilful misconduct, consequential loss)
What are knock-for-knock indemnities?
A knock-for-knock clause sets out a mutual arrangement under which contracting parties divide responsibility for specified losses—typically injury or death of personnel and damage to property—backed by mutual indemnities. In place of the usual fault-based rules that would apply at law, the approach adopts the notion that loss remains with the party on whom it falls. This risk allocation device is widely utilised in the offshore oil and gas sector to create certainty and to avoid recourse against other participants. Its use is increasingly seen across other complex offshore energy projects, such as offshore wind projects.
What are the key features of a knock-for-knock clause?
As a general rule, these clauses preserve the position that any harm to personnel or damage to property suffered by a party’s defined ‘group’ must be borne by that party, regardless of fault. The relevant ‘group’ can be broadened to cover subcontractors, affiliates and, in some situations, other contractors. Parties frequently employ standard form agreements issued by industry bodies (for example, LOGIC) for complex offshore projects, although bespoke amendments are often introduced during negotiations...
Energy
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