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Original news MT Højgaard a/s v EON Climate and Renewables UK Robin Rigg East Ltd and another [2015] EWCA Civ 407 The parties entered into a contract for the design and installation of offshore wind turbines. Defects arose in the foundations, prompting a dispute over who should bear the cost of remedial works. At first instance, the judge decided the claimant contractor had breached a warranty that the foundations would provide a 20‑year service life, but had not breached other clauses alleged by the defendant employers. The Court of Appeal, Civil Division, allowed the claimant’s appeal, finding there was no such warranty. The defendants’ cross‑appeal also succeeded, as the claimant had failed to comply with a provision concerning testing of the designs. What was this case about? The dispute centres on a specific design issue of fundamental concern to the various stakeholders involved in the design and construction of offshore wind farms. For context, it is helpful to grasp the technical set‑up—an offshore wind farm is, in...
In this issue: Building safety Planning Litigation Arbitration Daily and weekly news alerts Construction trackers Building safety RIBA announces formation of Belfast Group to standardise fire safety guidance The Royal Institute of British Architects (RIBA), with institutes in Northern Ireland, Scotland, Wales and the Republic of Ireland, has unveiled the Belfast Group, a forum to harmonise fire and life-safety guidance across the five nations. Established following the Grenfell Tower Inquiry Phase 2 report, it aims to ensure architects in all jurisdictions have equal access to relevant national regulations, standards and technical materials needed to design buildings meeting the highest fire and life protection standards. The Group will issue consistent guidance for construction professionals on fire safety requirements and procurement practices. See: LNB News 25/07/2025 51. BCIP calls for evidence on building control reform BCIP seeks evidence on England’s building control...
As the sector anticipates the coming year, a cluster of nascent technology arbitration themes is taking shape, spanning digital assets and smart-contract arbitration, proceedings in the metaverse, and role of artificial intelligence. Digital assets are by nature intangible and frequently transnational, since transaction counterparties can be unknown or untraceable within particular jurisdictions. Public venues for their trading, such as cryptocurrency or non-fungible exchanges, often provide scant or no terms and conditions. Overall, determining which fora possess jurisdiction to hear a digital-asset dispute, and which conflict-of-laws principles and substantive legal standards govern, can be challenging in practice for parties involved. Growing debate and attention within the legal community centres on arbitration tied to digital assets, encompassing cryptocurrencies like bitcoin, non-fungible tokens, artificial intelligence, technology and innovation, and the ways they seek to reduce the risks that accompany embracing novel technology across emerging sectors...
The Offshore bonds and other foreign policies Practice Note sets out what constitutes an offshore bond and a foreign policy, and outlines the potential tax liabilities. It also focuses on several niche topics: cluster policies (also called segmented policies), personal portfolio bonds (PPBs), the treatment of certain legacy policies, and how the foreign policy regime dovetails with the remittance basis and temporary non-residence provisions... Cluster (or segmented) policies In place of one insurance contract, certain providers supply a bundle of policies to a holder—commonly called a ‘cluster’ or ‘umbrella’ of smaller segments. Each policy, or segment, stands as a separate insurance contract. At inception every segment is the same. They may carry an identical base number with a suffix; for example, XP234567/1–100, where 1–100 denote the discrete segments. A single policy document may cover the whole cluster. UK insurers generally can offer clustered arrangements, and offshore bonds are often marketed in this way, though not every product has this feature...
FORTHCOMING CHANGES : At Budget 2025, the government confirmed that, when the energy profits levy ends, it will be succeeded by a permanent regime known as the oil and gas profits mechanism (OGPM). The principal elements of the OGPM will be as follows: it will constitute a turnover-based tax applying to upstream oil and gas companies operating in the UK or on the UK continental shelf a company will be within scope where it disposes of oil or gas and the consideration received (ie the realised sale price) for that disposal exceeds the relevant threshold. For the financial year 2026–27, the thresholds will be US$90 per barrel for oil and 90p per therm for gas. In subsequent years, those thresholds will be adjusted by reference to the preceding year’s CPI the OGPM tax rate will be 35% The government has stated it will continue to work with the sector to deliver the OGPM as effectively and efficiently as possible. Legislation will...
For detailed commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook supplies thorough analysis of matters addressed in this Practice Note. This Practice Note presents an outline of the law and policy concerning carbon capture usage and storage (CCUS) in the UK. It examines: what CCUS entails and the principal categories of technologies it covers the main drivers, barriers and risks associated with deploying CCUS the progress of CCUS clusters within the UK current and past government policy and legislative developments to boost CCUS deployment, including creating business models to introduce an incentive mechanism for CCUS projects policy progress on repurposing existing oil and gas assets for CCUS projects selected funding routes for CCUS projects, including the Carbon Capture and Storage Infrastructure Fund the prevailing national and international legislative framework supporting CCUS...