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Infrastructure Spotlight – Autumn 2023

In this edition, we highlight the key regulatory and policy developments this Autumn which will impact investors in and operators of energy and infrastructure assets in the UK. Please get in touch if you'd like to discuss any of the issues discussed below.

EU proposal on Critical Raw Materials

On 16 March 2023, the EU Commission announced plans for the "Critical Raw Materials Act" (the "CRMA"): a "comprehensive set of actions" designed to ensure long-term access in the EU to a secure and sustainable supply of critical raw materials. The proposal forms part of the Green Deal Industrial Plan, adopted in February 2023, which aims to create a regulatory environment which supports the net-zero transition.

The Supreme Court provides welcome clarity for insolvency practitioners in relation to personal liability for failure to comply with redundancy notification requirements

The Supreme Court has provided welcome clarity for insolvency practitioners in confirming that administrators of a company appointed pursuant to the Insolvency Act 1986 ("IA 1986") will not be criminally liable for a failure by the company to comply with redundancy notification requirements.

Private Equity International: Sharpening impact's blurred edges

Funds Partner Jeremy Elmore and Financial Services & Markets Senior Consultant Simon Witney have featured in the latest edition of Private Equity International's Impact Investing Report. In this keynote interview, Jeremy and Simon discuss how greater clarity, precision and standardisation can help the impact investing market reach its full potential.

Sanctions Autumn Update: Court of Appeal ownership and control commentary and OFSI first use of public disclosure power

This update provides a brief summary of some notable recent developments in the UK sanctions world, including interesting commentary from the Court of Appeal on a potentially wide interpretation of the "ownership and control" test, which was rapidly followed by a statement from the Government suggesting such an interpretation should be limited, and the Office of Financial Sanctions Implementation's ("OFSI") first use of its public disclosure enforcement power.

EE v Virgin Mobile: reciprocal liability clause prevents damages claim for breach of exclusivity

Many commercial contracts contain blanket exclusions of loss of profits – and sometimes the parties also agree that such clauses will be mutual (so both supplier and customer benefit from the same exclusion). But a recent dispute between EE and Virgin Mobile highlights the significant impact such provisions can have on a party's remedies for breach – especially where the clause is reciprocal. The judgment also contains some important lessons about exclusivity obligations.

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