Energy and Brexit—renewable energy

Produced in partnership with Claire Stockford of Quadrant Chambers

Practice notes

Brexit

Energy and Brexit—renewable energy

Produced in partnership with Claire Stockford of Quadrant Chambers

Practice notes

Brexit

Introduction

This Practice Note provides an overview of the key areas where Brexit will have an identified and direct legal impact on the Great Britain (GB) renewables sector.

On 23 January 2020, the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) was adopted enabling the government to ratify the Withdrawal Agreement and implement its provisions into UK law. As a result of EU(WA)A 2020 the UK remained legally bound by EU law during the transition period agreed in the Withdrawal Agreement. 11 pm (GMT) on 31 December 2020 marked the end of this Brexit transition period. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime.

On 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal terms of the future UK-EU relationship.

Announced just one week before IP completion day, the EU-UK Trade and Co-operation Agreement (TCA), together with associated agreements (including

Claire Stockford

Barrister and Arbitrator, Quadrant Chambers

Claire Stockford specialises in arbitration, both international commercial arbitration and investor state disputes.��Claire was called to the Bar of England and Wales in 1999.��Before joining Quadrant, Claire spent more than 20 years practising from the London offices of international and UK law firms, for the last seven of those years as a partner.

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Claire advises and advocates for clients in disputes across a range of industries from oil and gas to hospitality, concerning jurisdictions as diverse as Kazakhstan and Madagascar. Recently, Claire's practice has focused on renewables, including solar, on-shore and off-shore wind and battery storage. Claire's experience encompasses arbitrations under many of the most frequently encountered arbitration rules including the International Centre for the Settlement of Investment Disputes (ICSID), United Nations Commission on International Trade Law (UNCITRAL), International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA) and the International Centre for Dispute Resolution (ICDR) rules.

Jurisdiction(s):

United Kingdom

Key definition:

Brexit definition

What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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