2016

News and Legal Cases/Activity from Prospect Law

December:

  • Prospect invited to present to the World Nuclear Transport Institute on nuclear liabilities risks associated with nuclear materials in transit (December 2016)
  • Prospect advises on legislation introduced to amend RHI subsidy payments for Biomass projects and the possible impact on expedited Judicial Review proceedings Prospect issued on behalf of client firms in September (December 2016)
  • Prospect advises in relation to disputed subsidy payments and regulatory issues with OFGEM affecting the commissioning and commercial viability of a hydro scheme in Scotland (December 2016)
  • Prospect instructed to advise on and develop terms for the procurement of radioactive waste characterisation services (December 2016)
  • Prospect instructed in Judicial Review proceedings concerning the unlawful development of commercial property in North London (December 2016)
  • Prospect instructed to advise on terms for the disposal of low level nuclear waste in the context of the UK’s statutory nuclear liabilities regime (December 2016)
  • Prospect instructed in prosecution proceedings covering the failure to comply with the requirements of a planning enforcement notice affecting a residential property development scheme in London (December 2016)
  • Prospect contributes article in the World Nuclear News covering Nuclear fuel in South Australia (December 2016).

November:

  • Prospect receives judgment in an appeal by Clear Channel UK against the service by Brent London Borough Council of an Advertisement Removal Notice under section 225A of the Town and Country Planning Act 1990 in respect of an internally illuminated digital advertisement hoarding situated on land at 149 Wembley Park Drive near to Wembley Stadium in North London (November 2016)
  • Prospect renews its application on behalf of Lark Energy for permission to Judicially Review the December 2015 DECC announcement affecting Grace Period criteria for the submission of planning applications for RO on large scale solar projects, heard in the High Court (November 2016)
  • Prospect instructed to provide regulatory advice on liability issues affecting the maintenance of UK radioactive facilities by a non UK contractor (November 2016)
  • Prospect receives finalised judgment in the case of Hobill Farms v Mason Brothers (November 2016)
  • Prospect exhibits at The NDA Estate Supply Chain Event 2016 (November 2016)
  • Prospect instructed to advise a major independent power supplier on rules affecting the Capacity Market in relation to various UK generation sites (November 2016)

October:

  • Prospect issues a second Judicial Review application on behalf of three UK based biomass development firms challenging the government’s announcement on changes to RHI for biomass energy systems (October 2016)
  • Prospect instructed to advise in relation to various Ofgem related pre accreditation issues affecting a hydro electric power project in the Western Isles of Scotland (October 2016)
  • Prospect invited to speak on Brexit and other current legal issues affecting the international nuclear energy market at the 6th Radio Active Material Transport Users Committee (RAMTUC) Seminar in Birmingham, UK (October 2016)
  • Prospect invited to address the meeting of the International Atomic Energy Agency (IAEA) In Minsk, Belarus on international legal and regulatory issues relating to risk allocation in funding and financing (including “back end” liabilities) affecting nuclear energy projects (October 2016)
  • Prospect contributes an article on the Iranian economy by Dr Jacqueline Faridani to OME, the magazine of the Middle East Association (MEA) (October 2016)
  • Prospect named as a “Leading Firm” in 2016 in the fields of Projects, Energy and Natural Resources by the Legal 500

September:

  • Prospect instructed to advise in relation to potential High Court proceedings for a group of biomass energy developers concerning the Renewable Heat Incentive Scheme (Amendment) Regulations 2016 (September 2016)
  • Prospect instructed to advise a wind developer client in relation to potential litigation concerning subsidy payments affecting a single 1.5MW 136m high wind turbine in the UK Midlands (September 2016)
  • Prospect instructed to represent a local authority in prosecution proceedings concerning a major US advertising corporation and the use of unlawful advertising hoardings in North London (September 2016)
  • Prospect invited to address the World Decommissioning and Waste Management Congress 2016 on nuclear liabilities for materials in transit (September 2016)
  • Prospect attends the World Nuclear Association (WNA) Symposium in London (September 2016)

August:

  • Prospect instructed by an independent UK energy developer to draft and issue legal proceedings with Ofgem against an electricity grid network operating company (August 2016)
  • Prospect instructed to renew Judicial Review permission proceedings in the High Court in respect of DECC’s December 2015 announcement altering the July 2015 Grace Period criteria for RO on UK solar projects (August 2016)
  • Prospect instructed to draft IP agreements affecting cooperation between a UK/US infrastructure corporate and an EU based energy software developer (August 2016)
  • Senior Real Estate solicitor Edward Austin joins Prospect Law (August 2016)
  • Prospect instructed to issue Further Advice dealing with legal representations made by counsel in favour of a residential development project affecting the tidal course of the River Thames (August 2016)

July:

  • Prospect advises a North American corporate client on regulatory issues affecting the UK nuclear supply chain market (July 2016)
  • Dr Jacqueline Faridani joins Prospect Advisory from BNP Paribas in London (July 2016)
  • Prospect appears on behalf of a UK renewable energy firm in prosecution proceedings concerning the alleged miselling of renewables installations (July 2016)
  • Prospect advises on litigation affecting the sale of a ground based solar installation in the UK (July 2016)
  • Prospect is instructed to advise on boundary changes affecting local government borders in the west of England (July 2016)

June:

  • Prospect advises a developer client in connection with regulatory issues affecting subsidy payments due to a hydro electric project in the Western Isles (June 2016)
  • Prospect advises a major US international corporate client on a dispute affecting the operation of a UK based energy from waste scheme (June 2016)
  • Prospect advises a UK independent power generation firm on environmental law issues relating to planned cable routes lying over contaminated land (June 2016)
  • Prospect advises a UK solar project development company in relation to the December 2015 announcement by DECC affecting the planning grace period criteria on RO schemes (June 2016)
  • Prospect advises a Local Planning Authority on the lawfulness of a planned refusal of planning permission and issuing of a planning Enforcement Notice affecting a development scheme within a flood zone in Berkshire (June 2016

May:

  • Prospect instructed to draft commercial documentation for various combined heat and power installations in UK public and private institutions (May 2016)
  • Prospect instructed to advise on technical, regulatory and subsidy issues affecting a hydro electric power installation in the Cairngorms National Park (May 2016)
  • Prospect appears at a Public Inquiry representing the Royal Borough of Windsor and Maidenhead in an appeal under section 78 of the Town and Country Planning Act 1990 concerning a residential development scheme within the Green Belt in Berkshire (May 2016)
  • Prospect instructed to defend proceedings under the Proceeds of Crime Act 2002 relating to a trading standards prosecution of a UK renewable energy SME (May 2016)
  • Prospect appears at a Public Inquiry on behalf of Brent London Borough Council into enforcement proceedings issued under the 1990 Town and Country Planning Act against unlawful property development in north London  (May 2016)

April:

  • Prospect instructed to advise in relation to an application to OFGEM concerning the renewal of subsidy payments on linked Hydro, Wind and Solar Systems in Scotland (April 2016)
  • Prospect instructed to provide a comprehensive legislative update on international nuclear law and regulation for a leading radioactive transport group (April 2016)
  • Prospect instructed to advise in relation to accreditation for an additional wind turbine at a wind farm situated within a UK National Park (April 2016)
  • Prospect successfully concludes a statutory challenge in the High Court under s.288 of the 1990 Town and Country Planning Act in connection with property situated in North London (April 2016)
  • Prospect instructed to apply for Judicial Review in respect of the grant of planning permission by East Hampshire District Council in relation to the redevelopment of property within the South Downs National Park (April 2016)

March:

  • Judgment handed down by the Court of Appeal in Prospect Law’s case of Solar Century and others v Secretary of State for Energy and Climate Change [2016] EWCA Civ 117 concerning the May 2014 DECC announcement on RO for large scale solar (March 2016)
  • Prospect instructed to advise a group of UK and EU based solar firms in connection with potential judicial review proceedings relating to DECC’s 17/12/2105 announcement affecting the grace period criteria for large scale solar projects from 22/07/2015 (March 2016)
  • Prospect instructed to advise in relation to a proposed 1,000 Mw Pump Storage Plant in central Europe (March 2016)
  • Prospect instructed to advise on the potential to develop new technology to deal with radioactive waste storage and management, and to examine the scope of a major feasibility study to outline the regulatory requirements for potential UK and EU market entry (March 2016)
  • Prospect instructed to advise a developer client in relation to ongoing litigation involving the construction, sale and management of a renewable energy plant in the UK (March 2016)
  • Prospect instructed to advise a local planning authority on the use of historic planning conditions, permitted development rights under the GPDO and the potential restriction on the use of a leisure facility for outdoor events in West Berkshire (March 2016)

February:

January:

  • Prospect attends the Investing in Iran Briefing with the Middle East Association in London (January 2016)
  • Prospect’s Claire Harvey attends the Civil Nuclear Showcase 2016 event in Central London (January 2016)
  • Prospect instructed to advise a continental EU based renewable energy developer in respect of a sub contract linked to an EPC for a multi Mw ground based solar project in the UK (January 2016)
  • Prospect instructed to advise a housing developer in respect of government alterations to RHI payment schemes affecting biomass boilers installed at UK development sites (January 2016)
  • Prospect instructed to advise a UK developer converting from full to preliminary accreditation for FiTs payments in respect of a UK based windfarm and the potential extension of the development (January 2016)
  • Prospect instructed to advise a south of England local planning authority in relation to planning enforcement and the potential use of the 2002 Proceeds of Crime Act (January 2016)
  • Prospect instructed to advise in respect of property law issues relating to a 3 acre residential development scheme in the UK Midlands (January 2016)