Introduction
Welcome to the latest edition of Infra.Law.
In this Autumn edition: Glenn Bull and Murron McKeiver delve into the evolving landscape of conditions precedent provisions in construction contracts. They explore the recent English Court of Appeal case, Disclosure and Barring Service v Tata Consultancy Ltd, and compare its implications with the DIFC Court’s approach in two notable cases concerning condition precedent provisions in FIDIC international contracts. With the Government’s ambitious targets for reinvigorating the on-shore wind sector, Rachael Davidson, Kevin Gibbs and Claire Fallows examine:
- The Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 due to come into force on 31 December 2025, which reinserts onshore wind projects into the nationally significant planning regime.
- The Government’s Onshore Wind Taskforce Strategy aimed at boosting the deployment of onshore wind to achieve Clean Power 2030 (CP2030) targets.
- DESNZ’s updated guidance on voluntary community benefit schemes for onshore wind projects in England, alongside its working paper consulting on the introduction of mandatory community benefits for and “shared ownership” of low carbon energy infrastructure.
HS2 was one of the major infrastructure projects featured in a report from the National Infrastructure Commission examining the persistent issue of soaring infrastructure costs within the UK. NIC has since merged with the Infrastructure and Project Authority to form the new National Infrastructure and Service Transformation Authority ‘NISTA’. Richard Flenley discusses the data recently published on HS2’s escalating costs. Melanie Tomlin looks back at a thought-provoking day at the London International Disputes Week, sharing insights into:
- The role of AI in dispute resolution, its integration within in-house legal teams, and its potential limitations.
- The evolving risks to global supply chains and the legal challenges they pose in today’s geopolitical and regulatory climate.
Dalal Alhouti reviews two significant reports offering illuminating insights into arbitrations:
- The London Court of International Arbitration’s Annual Casework Report, reflecting on 2024.
- The International Chamber of Commerce’s analysis of the arbitrations being referred to it for resolution, highlighting significant trends in its dispute resolution 2024 statistics report, and underscoring the UAE’s growing importance as a hub for international arbitration in the Middle East.
Francis Ho considers key features of the JCT’s Target Cost Contract, recently launched as part of the JCT’s roll out of the 2024 editions.
Best regards,
Michael O'Connor
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