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29 May 2008
Issue: 7323 / Categories: Legal News , Environment , Property
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Zero-carbon buildings startegy in doubt

News

The legality of the UK government’s strategy for zero-carbon buildings has been thrown into doubt by a European Court of Justice (ECJ)  ruling, lawyers says.

In Citiworks AG (Case C‑439/06) the ECJ ruled that a German law that permitted a monopoly for onsite power generation in certain circumstances breaches European law. The exemption, the court said, is contrary to a European Directive which requires open third-party access to energy supply systems.   

Davies Arnold Cooper partner Chris Baker says the ruling is important because in the UK a class exemption permits smaller distributed energy systems to operate outside the licensing regime and in practice to create a monopolistic supply. “While the judges did not rule on the UK exemption it does question the legality of any class exemption,” he says.

Baker says a central part of the government’s drive to a zero-carbon building industry is the use of on-site power generation through energy service companies (ESCOs). The economic sustainability of ESCO models in part depends upon service providers having some certainty of consumption. “On-site power generation is at the heart of the current sustainability in the real estate industry and if this becomes unworkable it is inconceivable that the government’s zero-carbon target can be hit,” he adds.

Issue: 7323 / Categories: Legal News , Environment , Property
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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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