Projects & Infrastructure

Many non-UK resident lenders in the commercial property sphere will often have encountered the problem of UK withholding tax on interest at 20%. As an alternative to the traditional double tax treaty relief method, the qualifying private placement is a relatively new method through which investors and lenders can be exempted from withholding tax on […]

The rise of Corbynomics and the fall of Carillion have put PFIs in the spotlight. What would terminating such contracts actually involve? At the Labour Party Conference last year, John McDonnell raised the idea that public sector bodies could provide better value for money in certain service areas if the government was to terminate long-term […]

An enterprise management incentive option (EMI option) is a type of employee share option which is a useful remuneration tool for employees in smaller higher-risk trading companies.  It also provides for generous tax treatment for both the employee and the company. Since the tax benefits are only available to companies with certain qualifying business activities, […]

In the recent Court of Appeal judgment of Okpabi v Royal Dutch Shell Plc[1], the court examined the issue of whether there was an arguable case that Royal Dutch Shell (Shell), as the UK parent company of a Nigerian subsidiary, owed a duty of care to those affected by oil leaks from pipelines and associated […]

“It doesn’t take a genius to know that any organization thrives when it has two leaders. Go ahead; name a country that doesn’t have two presidents. A boat that sets sail without two captains. Where would Catholicism be without the Popes?” The Office, ‘The Promotion’ Many projects have various parties ‘for whom a project is […]

Against the backdrop of Carillion, parties need to keep in mind issues of payment upon termination of a construction contract. A recent Court of Appeal decision has confirmed that section 111 of the Construction Act applies to payments due after termination of a contract. A party must give a pay less notice if it wants […]

Introduction The European Union (Withdrawal) Bill (informally known as the “Great Repeal Bill”) passed its third reading in the House of Commons on 17 January. While the bill has still to complete its passage through the House of Lords, it is unlikely to undergo significant further amendment. What impact will the bill, when enacted, have […]

The sector holds many demons but disputes over complex contracts and tricky engineering can be dodged with a few sensible steps. With record levels of investment in the rail sector, parties carrying out track works should learn from previous disputes to avoid the same mistakes being repeated. Here are three points to consider. Agree relevant […]

What do contractors need to be aware of when considering limitation periods, and how can it affect the claims they make? Claims arising from construction projects often require consideration of the law of limitation. Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature […]

Contractors, especially those to be engaged on public projects, may soon be working under new NEC4 standard form contracts introduced in June 2017. The new contracts, published by the Institution of Civil Engineers (ICE), replace the 12 year old NEC3 suite. The changes are intended to support users’ changing requirements, stimulate good project management and […]

Green bonds have come a long way since they were first issued in 2007. As we mark their tenth birthday, what developments should we expect over the next few years? Green bonds use environmentally sustainable investments as a means to cut carbon emissions.  The issuer uses the bond proceeds to finance or refinance construction projects […]

After the ambition of the Beijing summit, back in May 2017, comes the reality of financing the Belt and Road initiative (BRI).  How might the risks of building and operating BRI schemes be spread and what will be the role for private investment? Notwithstanding China’s substantial foreign currency reserves which are being made available for […]