Picture of Eleanor lane

Eleanor Lane

Partner

CMS Cameron McKenna Nabarro Olswang LLP
1 West Regent Street
Glasgow
G2 1AP
United Kingdom
Languages English, French

Eleanor Lane is a partner in CMS UK’s Infrastructure & Projects Team. She has particular expertise in the transport and maritime sectors, often advising on projects of unusual complexity and/or national importance. This includes public service concessions and strategic outsourcing projects as well as PFI and NPD.

Eleanor has considerable experience of public procurement processes and has advised the Scottish Government on some of the biggest and most high-profile roads, rail and ferries projects to come to the market in recent years, often working within multi-disciplinary teams.

Eleanor also advises on a range of shipping and aviation matters including sale and purchase, charterparties and leases, financing, port access arrangements, airport operating agreements, shipbuilding and FPSO contracts. Highlights include advising on the transfer of the steamship SS Sir Walter Scott from Scottish Water to a newly established charitable trust, and (on a pro bono basis) the transfer of the MV Balmoral, registered as part of the National Historic Fleet, to her current owner.

She has also advised on a significant number of fuel supply contracts and energy projects including the Steven’s Croft Biomass Power Station near Lockerbie, a 44 MW biomass power station and the biggest of its kind in the UK at the time (this won the best renewable project award at Scotland’s Green Energy Awards in December 2007) as well as various off-shore acquisitions and refinancings such as the Seven Heads Gas Field.  

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Eleanor’s "capacity for leading major projects stands out"

Chambers UK

Relevant experience

  • Scottish Ministers under a joint mandate on the DBFO procurements of (i) the M8 M73 M74 Motorway Improvements (c.£500m) and (ii) the Aberdeen Western Peripheral Route / Balmedie-Tipperty (£600m), and separately on the £345m M80 Stepps to Haggs DBFO project.
  • Caledonian Maritime Assets Limited on the construction contract, operating lease and charterparty of a £42m Stornoway/Ullapool ferry and its subsequent inclusion in the 2015 Clyde & Hebrides Ferry Services procurement.
  • Strathclyde Partnership for Transport on the c.£300m procurement of an entire system for the Glasgow Subway Modernisation Project comprising rolling stock, signalling, control system, platform screen doors, a depot for a new driverless underground system and technical support.
  • Sevan Marine ASA on charterparties, services agreements, IP licences and Duty Holder contracts for their patented circular FPSOs including in relation to the Huntington, Western Isles and Catcher Fields, as well as advising on contractual structures for Sevan’s patented LNG technology.
  • Scottish Ministers on restructuring of Caledonian MacBrayne and the subsequent procurement (including public service contracts and charterparties) of the Clyde & Hebrides ferry and harbour services.
  • Scottish Ministers on (i) the Glasgow Airport Rail Link (prior to its cancellation) and (ii) the transfer of the Borders Railway project to Network Rail following cancellation of the proposed NPD procurement.
  • Public sector on procurements of ferry projects including the Northern Isles Ro-Ro freight and passenger services; Clyde & Hebrides Ferry Services; 2 proposed cross-Forth ferry services; Gourock-Dunoon passenger service; Malta - Gozo; and a proposed freight service from Galway to the Aran Islands.
  • Anonymised client on a range of maritime issues including ship finance, vessel sale and purchase, charterparties, refit/tow contracts and arrangements with port authorities.
  • The Royal Bank of Scotland plc on (i) the refinancing of a fleet of workboats providing naval and offshore support in the UK and Northern Europe (ii) on the financing of a fleet of tugs involved in refinery support work in the Thames Estuary and (iii) most recently on the acquisition financing of a fleet of fishing vessels some of which are flagged outwith the UK.
  • Major utility a range of transportation and shipping contracts, harbour access agreements with various UK ports, stevedoring and storage / warehousing services. 
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Education

1999 – Diploma in Legal Practice, University of Glasgow, Glasgow

1998 - Law, LLB, University of Glasgow, Glasgow

1994 - BA (Hons) Theology, University of Durham, Durham

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Expertise

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13 January 2017
Ship­ping & Mari­time 2016
17/10/2017
MIM’s the word
With a total cap­it­al value of over £1bn, the three schemes set to be pro­cured by the Welsh Gov­ern­ment through its Mu­tu­al In­vest­ment Mod­el are catch­ing the eye, es­pe­cially in the ab­sence of a pipeline of PF2 schemes.
04/07/2017
The New Fla­menco – Su­preme Court al­lows own­ers’ ap­peal
The Su­preme Court, on 28 June 2017, found in fa­vour of the own­ers in the long-awaited “New Fla­menco” judg­ment - Glob­alia Busi­ness Travel S. A. U. (formerly Travel­Plan S. A. U. ) of Spain v Fulton Ship­ping Inc of Panama.
14/06/2017
Oil and Gas: Left with no “op­tion” des­pite “best ef­forts”
In Teekay Tankers Ltd v STX Off­shore Ltd [2017] EWHC 253 (Comm) the Com­mer­cial Court de­cided that an op­tion agree­ment for the con­struc­tion of crude oil tankers was void, as the op­tion agree­ment re­quired the parties to mu­tu­ally agree a de­liv­ery date at a time.
22/03/2017
EU rules on re­cov­ery of il­leg­al aid from ferry op­er­at­ors
On 1 March 2017, the Gen­er­al Court of the European Uni­on con­firmed that France must re­cov­er over EUR 220 mil­lion in il­leg­al State aid gran­ted to a ferry op­er­at­or group con­sist­ing of two or­gan­isa­tions: So­ciété Na­tionale Corse-Médi­ter­ranée (SNCM) and Com­pag­nie.
02/02/2017
Gov­ern­ment con­sults on pen­al­ties for non-com­pli­ance with EU ship emis­sions...
On 1 Janu­ary 2018, sub­ject to a few ex­clu­sions, ships over 5000 gross ton­nage (“Rel­ev­ant Ships”) will be sub­ject to mon­it­or­ing and re­port­ing re­quire­ments on car­bon di­ox­ide emis­sions (CO2), fuel con­sump­tion and cargo car­ried.
30/11/2016
Oil & Gas / Ship­ping: Ex­clud­ing ‘con­sequen­tial loss’ can re­strict...
The Com­mer­cial Court was re­cently asked to con­sider the cor­rect con­struc­tion of the phrase “con­sequen­tial or spe­cial losses or ex­penses” in a clause that dis­trib­uted (and lim­ited) li­ab­il­ity and rem­ed­ies between parties (Star Po­lar­is LLC v HH­IC-Phil Inc [2016].
01/11/2016
Per­ils of the sea: Court of Ap­peal cla­ri­fies the rem­ed­ies for ter­min­a­tion...
For some time there has been a lack of clar­ity as to the con­sequences of ter­min­a­tion for a char­ter­er’s fail­ure to pay hire punc­tu­ally un­der a time charter­party. However, the re­cent un­an­im­ous Court of Ap­peal de­cision in Spar Ship­ping AS v Grand China Lo­gist­ics.
04/10/2016
EIB ap­proves new loans for in­vest­ment in stra­tegic in­fra­struc­ture,...
Fol­low­ing a re­cent meet­ing in Malta, the Board of Dir­ect­ors of the European In­vest­ment Bank (EIB) ap­proved more than EUR 7. 3 bil­lion of new loans. These span not only in­vest­ment in stra­tegic in­fra­struc­ture, the en­vir­on­ment­al and know­ledge eco­nomy but also loans.
28/09/2016
Rail In­dustry Lead­ers fuel the way for­ward for Scot­land’s rail­ways
On Fri­day 23 Septem­ber, the Rail De­liv­ery Group (RDG) pub­lished a re­port set­ting out its vis­ion for the fu­ture of Scot­land’s rail­ways called “In­vest­ing in the Fu­ture: Choices for Scot­land’s Rail­ways 2019 and bey­ond”.
14/09/2016
Scot­tish In­fra­struc­ture: The £20 Bil­lion Spend
The Scot­tish Gov­ern­ment's Pro­gramme for Gov­ern­ment 2016-17 (“the Pro­gramme”), which was de­livered to MSPs at Ho­lyrood on Tues­day 6 Septem­ber, sets out the ac­tions the Gov­ern­ment in­tends to take in the forth­com­ing year and bey­ond.
15/07/2016
Oil & Gas: Mar­ine Ves­sels and Drilling Units - Ven­tur­ing in­to warm...
Mar­ine Ves­sels, in­clud­ing drilling units, some­times work in en­vir­on­ments that are po­ten­tially hos­tile to their per­form­ance. Warm wa­ter may res­ult in a num­ber of un­desir­able ef­fects. In Im­per­at­or I Mari­time Com­pany v Bunge SA and Bunge SA v C Trans­port Panamax.