Energy (all)

Recent Articles

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  07/07/2025

  England and Wales

  Energy: “directly consequential loss” clauses

  Summary  In Sahara Energy Resource Ltd v Société Nationale de Raffinage S.A. (Sonara) [2024] EWHC 3163 (Comm), the Commercial Court provided guidance of the meaning of “directly consequential losses” in a clause that sought to define and exclude liabilities between the parties. Whilst the words “directly consequential losses” were unusual, ‘consequential loss’ clauses are commonly used in the industry, so the approach of the Court will be of interest to energy practitioners.    FactsSahara Energy Resource Ltd (“Sahara”)...

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  01/07/2025

  United Kingdom

  Energy: Supreme Court to decide tax deductibility of payments made to con­sumers/con­sumer organisations in settlement of regulatory in­vest­ig­a­tions

  In Scottish Power (SCPL) & Ors v HMRC [2025] EWCA Civ 3, the Court of Appeal decided that payments made by ScottishPower (SCPL) Limited and others (collectively referred to as “ScottishPower”) in settlement of regulatory investigations were not penalties and therefore were deductible for tax purposes. The decision has important implications for the heavily regulated energy sector, and permission to appeal to the Supreme Court has now been granted. FactsBetween October 2013 and April 2016, ScottishPower entered into various settlement agreements with the Gas and Electricity...

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  30/06/2025

  United Kingdom

  Long Duration Energy Storage (LDES) Cap and Floor - Ofgem consults on Project Assessment and the Financial Framework

  The Cap and Floor Scheme for long duration energy storage (“LDES”) projects continues to develop at pace, following Ofgem and DESNZ’s Technical Decision Document (“TDD”) (published in March 2025), and confirmation that 171 LDES projects have submitted applications for Cap and Floor support.May and June have seen Ofgem publish two further consultations on key aspects of the Cap and Floor Scheme, providing much-needed clarity on the assessment process through which LDES projects will be allocated a Cap and Floor, and giving stakeholders a chance to feed into policy development.The...

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  30/06/2025

  United Kingdom

  Re-working EIA: New Guidelines for Assessing Downstream GHG Emissions in Offshore Projects

  IntroductionThe Department of Energy Security and Net Zero (“DESNZ”) has published its supplementary guidance setting out how developers are to assess downstream greenhouse gas (“GHG”) emissions in Environmental Impact Assessments (“EIA”) for offshore oil and gas projects. Following the UK Supreme Court’s decision in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others[1], (“Finch”) in August 2024, the UK Government announced a pause on approving new projects until guidance in line with Finch...

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  26/06/2025

  Hungary

  Hungary to implement new laws on registration and termination procedures of legal entities in 2027

  On 1 January 2027, Hungary will replace the current laws regulating the registration, supervision and termination of legal entities with new legislation. These new laws will streamline and centralise the registration and oversight of legal entities, introducing new procedures and mechanisms to ensure their increased level of compliance.Hungary’s parliament has just adopted two acts implementing these systematic changes, the most important elements of which are the following:Unified registration system: the registration of all legal entities (i.e. all types of business associations, the Hungarian...

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  25/06/2025

  England and Wales

  The energy cost of economic growth: UK Industrial Strategy and mitigating electricity challenges for key industries

  The climate for businesses located within the Great Britain electricity market that require large quantities of electricity to operate has been a challenging one in recent years.On 23 June 2025, the Department for Business and Trade published The UK’s Modern Industrial Strategy (“the Strategy”), a document which sets out its ten-year plan for encouraging investment in UK businesses in certain target sectors.Alongside the Strategy, the Government has published:a definitions list providing further detail on which kinds of business are considered to be included within these sectors...

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