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Infrastructure & Projects

United Kingdom

As a sponsor, lender or public sector organisation, you require legal advisers who can help you successfully handle complex infrastructure and project financing transactions. Whether you are involved in public works programmes or private sector financing in the areas of transport, health, education, waste, energy, defence, IT/telecoms, leisure, custodial and justice, ports, rail, roads or water, you will get the legal advice you need from us.

Our secondary market lawyers have helped shape the PPP projects sector, ensuring quick deal completions on terms that optimise your returns. If you are facing a potential dispute, we can also support you through dispute resolution procedures or litigation action.

We have delivered deals with a combined value of more than GBP 16bn in the UK alone, advising on public private partnerships, construction and services, infrastructure investment, development and corporate finance. 

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They are very quick, very reactive and technically reliable.

Chambers Global, 2015

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    Infrastructure Funds

    There is a growing demand from institutional and other investors for opportunities to invest in infrastructure assets. Specialist infrastructure-focused fund managers provide investors with a growing number and range of opportunities through their funds, but have to contend with a tough and evolving regulatory environment, and ever more competitive investment conditions.

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    Infrastructure M&A

    Global interest in infrastructure investments is growing, thanks to the generally stable nature of the asset class, new opportunities through disposals of non-core assets, privatisation programmes, and governments exploring alternatives to the traditional public modes of providing assets and services.

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    Primary Markets

    As traditional sources of capital for public sector infrastructure projects become more constrained, the public and private sector are seeking out different funding solutions for the provision of essential infrastructure.

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    Secondary Markets

    Our PFI/PPP Secondary Markets Infrastructure Team advises buyers and sellers, including sponsors and specialised infrastructure and pension funds, on single asset or portfolio transactions. Our team is led by M&A lawyers who specialise in infrastructure and who work alongside our specialist PFI/PPP projects and finance lawyers.

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    Law-Now: Infrastructure & Projects
    Visit Law-Now for legal know-how and commentary

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    20/03/2017
    Mutual trust and co-operation under the NEC
    A recent judgment of the TCC has provided further insight as the scope of the obligation to act in “the spirit of mutual trust and co-operation” found in most NEC contracts. The decision confirms that the courts are reluctant to allow such clauses to be interpreted.
    10/03/2017
    Caught in the crosshairs: CMA has the construction sector in its...
    On 28 February, the Competition and Markets Authority (CMA) announced an investigation into suspected anti-competitive behaviour in the provision of supplies to the construction industry.   This is now one of two Competition Act cases the CMA is investigating.
    10/03/2017
    Calls under performance bonds: leniency trend continues in Scotla...
    Last year we reported on a decision of the Scottish Court of Session which suggested that greater leniency may apply to the interpretation of performance bonds in Scotland than in England (see our earlier Law-Now here).
    06/03/2017
    NEC4 launching in June 2017
    The NEC Contract Board announced last week that a new NEC4 contract suite would be made available following the NEC Users’ Group Annual Seminar on 22 June 2017. NEC4 is said to be an “evolution” on NEC3, incorporating best practice lessons learned from both.
    03/03/2017
    Business rates: finally some good news for a rate payer
    The UK Supreme Court has issued its decision in the appeal in Newbigin (VO) v S J & J Monk, which is likely to have a significant positive effect on rates liabilities for owners and developers of property which is the subject of refurbishment or redevelopment.
    27/02/2017
    Asymmetric jurisdiction clauses upheld by Commercial Court
    The English High Court has held that asymmetric jurisdiction clauses are valid and are exclusive jurisdiction clauses for the purposes of Brussels 1 Recast overriding previous uncertainty following a decision of the French courts.
    24/02/2017
    Employer claims for costs saved in breach of contract
    A recent TCC decision has accepted in principle the ability of an Employer to claim for the costs saved by a Contractor in connection with defective work, irrespective of the need for remedial work. This appears to be the first time the TCC has considered the.
    22/02/2017
    TCC guidance on representative defect claims
    A recent TCC decision has provided guidance on the bringing of representative defect claims based on sample evidence and expert statistical analysis. This appears to be the first time the TCC has considered the use of statistical evidence to support such claims.
    21/02/2017
    Islamic Finance and global shipping and aviation markets
    The asset finance market in the Middle East has seen increasing use of Shariah compliant finance to fund transactions. Standard Chartered Bank (SCB) made shipping news headlines in December 2016 when it advanced a USD350 million senior secured Murabaha facility.
    10/02/2017
    India Budget 2017 - 2018
    On 1 February, Finance Minister Arun Jaitley presented India’s annual Union Budget for 2017-2018 (the “Budget”) for the fiscal year beginning 1 April 2017. The central aim in this year’s Budget appears to focus on the most vulnerable with increased spending.
    07/02/2017
    Housing White Paper: “Fixing our broken housing market”
    Introduction After much press speculation and delay, the Secretary of State for Communities and Local Government has today published the Housing White Paper “Fixing our broken housing market” and its accompanying consultation.
    02/02/2017
    Airports NPS – Fasten Your Seatbelts
    The Secretary of State for Transport has today published a draft Airports National Policy Statement (NPS) for consultation. As expected, the NPS frames the policy position for the Northwest Runway Scheme at Heathrow, together with proposals for new terminal.
    02/02/2017
    Review of Recommendation 2014/70/EU on minimum principles for the...
    The Commission to the European Parliament and the Council (the “Commission”) has recently reviewed Recommendation 2014/70/EU, adopted by the Commission in 2014, which looked at exploration and production of hydrocarbons using high-volume hydraulic fracturing.
    01/02/2017
    Choice of English law presides in ISDA Master Agreements – Court...
    The Court of Appeal has upheld an earlier decision of the High Court that the law applicable to interest rate swaps entered into between a Portuguese bank and a number of Portuguese transport operators is English law.
    31/01/2017
    Post-termination calls on on-demand securities: Court of Appeal g...
    Earlier this month we reported on a Commercial Court decision enforcing the payment of demands made under Standby Letters of Credit after the termination of a large construction project. This decision has now been upheld by the Court of Appeal, with important.
    30/01/2017
    Amendments to business rate demand notices published
    The Government has published a number of changes to the requirements for business rate demand notices. Billing authorities are now required to serve a different demand notice for different financial years and to publish explanatory notes on their website.
    23/01/2017
    The new private fund limited partnership vehicle
    UK limited partnerships are one of the most common and popular vehicles for investments in various sectors in Europe, including private equity, real estate and infrastructure, offering a flexible, tax-transparent vehicle that provides the protection of limited.
    16/01/2017
    Increased prosecutions over CSCS card fraud
    Since mid-2015 the Construction Industry Training Board (“CITB”) has made significant changes to its Construction Skills Certification Scheme (“CSCS”). The scheme was set up as a means of enabling those who attend construction sites to demonstrate that they.