Focus Newsletter

Focus is a regular newsletter produced by Trinity which we hope our clients and contacts will find useful and of interest. It features news items and articles relevant to the firm’s areas of practice as well as ‘Legalese’, a column which attempts to explain legal jargon and concepts in a user-friendly way. If you have any comments in relation to Focus or suggestions for features, please feel free to contact us.

Focus – July 2017 We have had a busy few months at Trinity. We welcomed 250 guests at Tivoli Gardens in Copenhagen for our annual party, held to coincide with the Africa Energy Forum.  The annual Trinity party has become a great opportunity for senior members of developer, lender and government teams to discuss the development of the power sector ...

Brexit – are there any opportunities for Africa? Just over a year has passed since the announcement of the UK’s vote to leave the European Union and much uncertainty remains.  The UK has now triggered Article 50 of the Lisbon Treaty, activating a two-year negotiation period with the EU, meaning that the UK’s formal exit will not occur until 29 March 2019.  This ...

New Law on Public-Private Partnerships in Guinea-Conakry On 4 July 2017, the Guinean parliament unanimously adopted a law on public-private partnerships (“PPPs”). Trinity Paris advised on the drafting of this law in partnership with Finance Consult, Bruno de Cazalet and Barthélémy Littot. To date, Guinea-Conakry had a Code on Public Procurement and Outsourcing of Public Utilities (Code des Marchés Publics et des Délégations ...

Nouvelle Loi sur les Partenariats Public-Privé en Guinée-Conakry Le 4 juillet 2017, le Parlement guinéen a adopté à l’unanimité la loi sur les partenariats public-privé (« PPP »). Trinity Paris a participé à la rédaction de cette loi en partenariat avec Finance Consult, Bruno de Cazalet et Barthélémy Littot. Jusqu’à présent la Guinée-Conakry disposait d’un Code des Marchés Publics et des Délégations de Services Publics ...

Best Endeavours, Reasonable Endeavours and all Reasonable Endeavours Introduction Commercial agreements often contain “endeavours” clauses, through which a party’s obligations are qualified, therefore making its commitment less than absolute.  These clauses generally require a party to use its “best endeavours”, “reasonable endeavours” or “all reasonable endeavours” to comply with its obligations.  Yet despite the common usage of these expressions, their exact meaning is not ...

Focus Newsletter – May 2017 In this month’s edition, which you can access by clicking here, Pierre Bernheim and Nicolas Boittin from Trinity’s Francophone team look at the increasing number of captive power projects being undertaken, specifically looking to the experience of a handful of West African countries to understand the rules applicable to these projects (including selling power directly to ...

Trinity update – May 2017 In the past six months, we have promoted Harvinder Deol to Counsel and Jo Sykes and Lucy Johnson to Senior Associate.  Lucy joined us in November 2016 from Herbert Smith Freehills.  We were also recently joined by Simon Holloway who has spent the past ten years at Allen & Overy LLP in London, before which ...

Captive Solar Power Plants and Selling Power Directly to Consumers in West Africa West Africa presents obvious opportunities for developers to invest in solar power plants, given the high irradiance levels and limited access to power in that region.  Some West African countries have recently launched international tenders for the development of solar power plants.  In Mali, for example, a tender process for the development of a 50MW solar ...

Subrogation and insurance – latest UK case law The decision of the UK Supreme Court in Gard Marine & Energy v China Chartering, delivered on 10 May 2017, has important ramifications for construction contracts. The decision concerned a shipping case in which a vessel was chartered by the owner (OLH) to a demise charterer (OVH) who in turn chartered the vessel to a ...

Focus – June 2016 Welcome to the June 2016 edition of Focus In this edition, we give an analysis of the recent English law case Globe Motors Inc v TRW Lucas Varity Electric Steering Limited which deals with whether oral agreements can vary written contracts.  In particular, we look at its potential impact for future construction contracts.   In our main ...

GET FiT to power Africa – a Ugandan case study GET FiT Uganda Since early 2013 a team within Trinity International LLP has been engaged by the German development bank, KfW, to act for the Government of Uganda (“GOU”), Uganda Electricity Transmission Company Limited (“UETCL”), the Ugandan Electricity Regulatory Authority (“ERA”) and a donor group led by KfW in relation to the Global Energy Transfer Feed-in-Tariff ...

Case study – trouble in the boilerplates In a recent decision, the Court of Appeal has ruled that contracts may be amended orally, even when their terms require the use of writing – we explore what this means for construction contracts in particular Trouble in the boilerplates? The latter sections of commercial contracts are often described as the “boilerplate clauses”, meaning those provisions that are ...

Focus – June 2015 Welcome to the June 2015 edition of Focus In this edition, we give the Trinity view on the Nigerian elections and in our main article this month, we investigate the potential for nuclear energy in Africa. Closing We have closed a number of deals in recent months including: Acting for ARM on the acquisition of the entire issued share ...

Trinity View – General Buhari and the Nigerian Elections The recent election in Nigeria was given a level of interest across the world not usually accorded to African politics. It was described in various quarters as Nigeria’s most important political contest since the end of military rule in 1999, and was held against a backdrop of tension between the predominantly Christian South and Muslim ...

Article – the potential for Nuclear Energy in Africa In our main article in this edition, Rachel Burgin writes on the potential for nuclear energy in Africa. The potential for Nuclear Energy in Africa Bringing electricity to every home in Africa is one of the greatest challenges of our age. The question is whether nuclear power has the potential to make a contribution as part of ...

Focus – January 2015 Welcome to the January 2015 edition of Focus Awards We are pleased to announce that we have recently won the following awards: PFI African Power Deal of the Year 2014 for the Cenpower Power Project in Ghana where we advised the project company, whose shareholders include AFC Equity Investments Limited (a wholly-owned subsidiary of the Africa Finance Corporation), Cenpower ...

Summarising the Africa Energy Outlook Special Report: Powering Africa’€™s Future Africa Energy Outlook Special Report: Powering Africa’s Future This issue of Focus looks at the message of the International Energy Agency’s (IEA) Africa Energy Outlook Special Report. The report is written as part of the IEA’s strategy to promote energy security through encouraging cross border cooperation and producing authoritative research and analysis. It was prepared by the ...

Case Study :€“ Limitation of liability clauses in construction contracts Case Study : Limitation of liability clauses in construction contracts (Harvinder Deol) In our case study in this edition, we consider the recent case Willmott Dixon Partnership Ltd v London Borough of Hammersmith and Fulham EWHC 3191 (TCC) in which the Technology and Construction Court considered clauses for termination for convenience clauses. Willmott Dixon Partnership Ltd ...

Trinity View: The West African Ebola crisis and Force Majeure The West African Ebola crisis and Force Majeure (Rob Currall) Since its outbreak in Guinea in December 2013, the Ebola crisis in West Africa has rarely been out of the headlines. Some 5,000 deaths have been reported as at the date of this article, with Guinea, Liberia and Sierra Leone having been worst affected, as well ...

Focus – July 2014 Welcome to the July 2014 edition of Focus Article – The growth of Financial Institutions in Africa In our main article this edition, we take a detailed look at the growth in the last decade of financial institutions in Africa. Case Study – limiting liability in construction contracts In our case study this edition, we consider the recent case ...