Quadrant Chambers
6 Experts
Barrister of the Middle Temple; Attorney and Counsellor at Law (New York)
Quadrant Chambers
4 Contributions by Quadrant Chambers Experts
PRACTICE NOTES
Introduction
This Practice Note sets out the principal areas in which Brexit has a clear and immediate legal effect on the Great Britain (GB) renewables sector. On 23 January 2020, the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) was enacted, allowing the government to ratify the Withdrawal Agreement and transpose its terms into UK law. Owing to EU(WA)A 2020, the UK continued to be subject to EU law throughout the transition period established under that Agreement. The transition concluded at 11 pm (GMT) on 31 December 2020. From that moment—defined in UK law as ‘IP completion day’—core transitional measures ceased and substantial alterations began to apply across the UK’s legal framework. On 24 December 2020, the European Commission and the UK government confirmed an agreement in principle on the legal basis for the future UK‑EU relationship. Revealed just a week before IP
Energy
PRACTICE NOTES
An introduction to contracts for the sale and purchase of commodities
Contracts for the sale and purchase of commodities sit at the centre of international trade. A single deal for a particular commodity will typically involve several additional contracts or commercial arrangements, including but not limited to:
a contract for the transport of the commodity by sea and, possibly, by road and/or rail
a contract of insurance
the execution of a bill or exchange, or the opening of a letter of credit or other documentary credit
Many, though not all, disputes stemming from contracts for the sale of commodities and related agreements are resolved by arbitration. As outlined below, numerous bodies that create standard form contracts or deliver services for specific trade sectors also offer arbitration facilities. For further details on commodities arbitration, see Practice Note: Commodities
Arbitration
PRACTICE NOTES
Brexit impact
As of 31 January 2020 (exit day), the UK ceased to be an EU Member State and entered an implementation phase during which, for many purposes, the EU continued to treat the UK as if it were still a Member State. At 11 pm (GMT) on 31 December 2020, that transition/implementation phase ended. From that moment (known in UK law as ‘IP completion day’), principal transitional arrangements expired and notable changes started to take effect across the UK’s legal framework. Any amendments relevant to this material will be outlined below in due course. For details on how departure from the EU will affect Great Britain’s (GB) renewable energy sector, see Practice Note: Energy and Brexit—renewable energy, which tracks the main publications and announcements issued to date regarding Brexit and the Great Britain (GB) renewable energy sector. It also supplies a brief
Energy
PRACTICE NOTES
What is marine cargo insurance?
To determine whether cargo cover amounts to marine insurance, one must look to the Marine Insurance Act 1906. Under MIA 1906, s 1, a marine insurance contract is one in which the insurer promises, on the agreed terms and within the agreed limits, to indemnify the assured for marine losses, meaning losses arising out of a marine adventure. MIA 1906, s 3 describes maritime perils as risks caused by, or linked to, the navigation of the sea. These encompass perils of the seas, fire, war perils, pirates, rovers, thieves, capture, seizure, restraint and detention by princes and peoples, jettison, barratry, and any other hazards of a similar character or identified by the policy. Accordingly, whether a policy is marine insurance turns on whether the insured risks are those consequent on, or incidental to, going to sea...
Insurance & Reinsurance
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