Julian Wolfgramm-King

A lot's happened in the solar and BESS consenting world since the general election last month. In this article we take a look at some of the more interesting aspects of recent decisions granting consent for large-scale schemes and the proposed change to the current 50MW NSIP threshold.

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Good insight into some events in the legal industry this week.

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Is a proceeding pursuant to the UK Insolvency Act 1986 to wind up a company an insolvency proceeding? Someone simply answering "Yes!" is only half right, which means they are half wrong. Put shortly, they are wrong. The correct answer is "It depends!", because it does, on a number of factors, not least on the purpose for which the question has been asked. For the moment, consider one critical such factor: the financial state of the company being wound up. If that company is insolvent, then (for all practical purposes) the winding-up is an insolvency proceeding. Indeed, it is a paradigmatic such proceeding. By contrast, if the company is solvent, then (for virtually all purposes) the proceeding to wind it up is not an insolvency proceeding. This notwithstanding that such a proceeding may be conducted pursuant to all the very same statutory provisions as would govern an insolvent winding-up. Now turn to a scheme of arrangement under Part 26 of the UK Companies Act 2006. Is the scheme proceeding an insolvency proceeding? Someone simply answering "No!" — or, indeed, "Yes!" — is only half right, in the sense set out above. The correct answer, again, is "It depends!" An article just published in an excellent legal journal refers to Mr Justice Zacaroli's judgment in Gategroup [2021] BCC 549 — which, amongst other things, held that the restructuring plan proceeding under Part 26A of the Companies Act is an insolvency proceeding for certain purposes — and states: "For a view that goes even further, and suggests that Part 26 schemes of arrangement are also insolvency proceedings, see Riz Mokal, ‘What is an Insolvency Proceeding? Gategroup Lands in a Gated Community’ (2022) 31(3) International Insolvency Review 418." That article of mine can be read at https://lnkd.in/eAmH_AYJ . The final pre-publication version is available at https://lnkd.in/ewr55pDD . The following part of the conclusion may be of interest. It applies not just to winding-up and scheme proceedings but to any other relevant proceeding, including the company voluntary arrangement and even administration (both under the UK Insolvency Act).

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UK Arbitration Bill highlighted in King’s Speech. Ciarb welcomes the inclusion of one of its key recommendations in the UK Government's legislative agenda. 🔗 Read more here: https://lnkd.in/ePnmR8cu #Ciarb #arbitration #parliament #disputeresolution

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In case you missed it - 2 x heat consultations came out earlier this month. DESNZ is consulting on consumer protections for heat networks (part 2 to an consultation response in Spring 2024) & at the same time, Ofgem is consulting on regulatory oversight & authorisation conditions for operators and suppliers of heat networks. Both consultations close on 31 January 2025. Regulation will step in through a phase approach starting from 1 April 2025 where existing heat networks will go through 'deemed authorisation'. Up next will be seeing the outcome of the heat networks zoning consultation - but in the meantime did you know that x 6 areas in England will be piloting new heat network schemes (Leeds, Plymouth, Bristol, Stockport, Sheffield, and x 2 in London)? Construction expected to start from 2026. The government also released maps this autumn showing new and potential zones - so heat networks could be coming soon, to a cinema near you... For summaries of the key points from both consultations, see the comments below 👇

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Following the release of Clean Power 2030, NESO has now launched a consultation on connections reform and the proposed shift from the current “first come, first served” connections approach, to prioritising those projects which are ready to proceed and which align to the locational and technological mix needed for the future energy system. Additional financial commitments to deter speculative projects are also under consideration. The consultation questions are contained in the overview document linked below with a proforma to be populated with feedback. Responses are required by 5pm on 2 December 2024. Please do reach out if helpful to discuss. 💡⚡️ #DLAPiper #EnergyTransition #GridReform

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How is it Friday already?! Things are ramping up and 5 Minutes of Energy could easily turn into 10 after a busy week in the sector! Here are some of the highlights: 🛑 The leader of the opposition The Hon. Peter Dutton MP has vowed to rescind the Hunter offshore wind zone in NSW if elected in 2025 saying he will 'rip up the contracts'. This follows earlier comments he would cancel the Illawarra and Bunbury Zones. Read the transcripts here: https://lnkd.in/gCbV_nvE 💵 WA has announced an $8 million co-investment program to advance onshore wind energy manufacturing, providing up to 50 per cent of eligible project costs for energy businesses. Media release here: https://lnkd.in/gV3DPPVp and program details, eligibility criteria and application portal can be accessed here: https://lnkd.in/g59beptx 💰 Neoen Australia has sold its Victorian renewable energy operating assets and development pipeline to HMC Capital, amounting to $950 million in value, and a 652 MW portfolio including the Victorian Big Battery. This transaction will allow Brookfield to acquire a majority stake in Neoen, meeting ACCC requirements. Media release here: https://lnkd.in/g-5D8TGz 🤝 Global Power Generation Australia, the international generation subsidiary of Naturgy, has signed a financing facility of $2.3 billion involving six operating wind farms, one BESS project and one solar-hybrid project, as well as three other projects under development. Media release here: https://lnkd.in/gJ_aYKvR 🔋 Eku Energy and Shell Energy have completed Victoria’s second largest battery, the 200 MW / 400 MWh Rangebank Battery Energy Storage System in Rangebank Business Park, Cranbourne. Fluence is responsible for ongoing servicing and maintenance of the system, and Shell Energy will have access to the battery’s capacity under a tolling agreement. Media release here: https://lnkd.in/gbGzNmxw 🚮 The ACT government has announced the completion of Stage 1 of a landfill gas-to-energy facility expansion at Mugga Lane Resource Management Centre which it is delivering in partnership with LGI Ltd. Media release here: https://lnkd.in/gE7QkqNZ Thanks Rona Goldman for powering us up this week!

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A panel of industry luminaries met this week to discuss the Latham report, 30 years after it was published. The discussion touched on the increasing complexity of disputes and the quality of adjudicators, asking whether reform is needed to meet the lofty goals originally set out by Latham. https://lnkd.in/eMBnJQwy #adjudication #construction #building

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Partner Rachel Reid is a guest on the Fiftyfaces Productions Ltd. podcast’s “Inspiring People in Law” focus series to discuss her career trajectory, including as an inhouse legal leader for a major financial services company and currently as US Head of Artificial Intelligence. Rachel also covers how she approaches advising clients on artificial intelligence, including opportunities and concerns that are top of mind across privacy and AI legal topics. She concludes with some words of wisdom as a woman in law for navigating one’s personal and professional lives. Listen to the full podcast by visiting the following link! #AI #ArtificialIntelligence https://lnkd.in/eCfauc5b

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Join my colleagues Jeremy Chang Helen Gray and James Todd and I as we take part in our Energy Transition webinar series. We will discuss how the UK Government’s second consultation on the review of electricity market arrangements (REMA) considering, in particular, how key themes of the consultation may affect stakeholders and market participants. Register here to join this discussion: Energy transition: REMA forever? (pinsentmasons.com)

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A shift to locational pricing would be an enormous change to the UK electricity market, and has implications for everyone; new and existing #generation projects, #interconnectors, and electricity consumers. We've summarised what this is and what it might for mean for you at the link below. #REMA #electricitymarket

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Biodiversity net gain #BNG update: 🌱 New guidance (issued on 3 October) on compulsory purchase orders confirms that BNG is a possible justification for compulsorily purchasing land under the Town and Country Planning Act 1990 - see section 212 on page 115: https://lnkd.in/eVCBgcfU I wonder if a compelling case in the public interest can be demonstrated for it, however, given the existence of the biodiversity gain site register and the possibility of buying statutory credits.

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How do I develop my career as an in-house lawyer? This is a question I have been asked a lot over the years and this article aims to give some valuable insight / practical steps that will help you thrive as an in-house lawyer.

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The Competition Appeal Tribunal (CAT) has issued its judgment in Justin Le Patourel v BT Group PLC, dismissing the £1.3bn damages claim in its entirety. This landmark decision marks the first-ever opt-out competition collective action under the Consumer Rights Act 2015 to go to trial in the UK. Oxera provided expert economic analysis to BT and its legal team throughout the case. Congratulations to the Oxera team for their work on this significant case: Adam Hildred, Alec Eisenkolb, Andrew Mell, Antoine C., Asal Mohebbian, Beatrice Lombardi, Dan Marlow, Felipe Florez Duncan, Helen Jenkins, Joseph Bell, Michael Weekes, Peter Bajada, Quirijn Tanghe and Sophie Kümmel. Read more about the case here: https://lnkd.in/gxSX3VJy #ConsumerRights #CompetitionLaw

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💡 Check out our latest article where London Partner Sarah Ellington and Associate Lauren Satill look at the civil liability provisions of the EU Corporate Sustainability Due Diligence Directive and consider, in particular, how this will impact multi-nationals not incorporated in the EU. Read more: https://lnkd.in/eCb5w88G #WFW #ESG #Europe

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Our July 2024 edition of our Disputes Briefcase is now available to read.   We take a look at the impact of yesterday’s King’s Speech on #DisputeResolution, as well as developments in: • Climate litigation • Arbitration appeals • Insolvency and choice of forum agreements.   Find out more about each of the topics below and read Disputes Briefcase using the link in the comments. #Disputes #Arbitration #ClimateLitigation

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Partner Anna Brownrigg will be speaking at the ThoughtLeaders4 Corporate Disputes 2024 - 4th Annual Forum in December at The Dilly, London. The session will focus on ESG disputes in the UK and Anna will be discussing ‘the best routes forward for ESG disputes: group litigation versus director liability’ https://hubs.la/Q02JxVXM0 #CorporateDisputes #Disputes #Litigation #TL4

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Freshfields Bruckhaus Deringer has reportedly boosted the annual salaries for its newly qualified lawyers to a whopping US$190,000 (roughly equivalent to £150,000). 🤯 Assuming these lawyers are expected to bill around 1,600 hours annually (it's likely to be much more), let's use some basic law firm math to conservatively determine a target hourly rate: Target R.O.I per NQ lawyer: $190,000 x 3 = $570,000 per year Hourly rate: $570,000 / 1,600 hours = $356 per hour In contrast, at Support Legal, a senior lawyer with over 10 years of experience recruited from the same or a similar firm can be engaged for as low as $400 per hour. Just saying... 😊 #legalconsultancy #lawfirms #DIFC #ADGM #UAE #salarywars #customerpays

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Legal Practice Management (LPM) polled over 60 UK law firm leaders in their annual Frontiers report to learn:      •What the competitive landscape looks like   •How confident leaders feel about the coming year’s financials   •Which business transformation challenges are the top priorities to tackle   •Technology investment plans and challenges       Download the report for free today to discover what law firm leaders are prioritising for the next 12 months    https://lnkd.in/eYVS95q8      #legalsoftware #legaltech #lawfirm #lawyers #SMElawfirm #legalvalues #LPMFrontiers2024  

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