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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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    24/05/2017
    Civil Liability for Japanese Knotweed
    This is a subject about which a judgment has been expected for some time. The two joined claims referred to below do not involve significant sums of money but for those owning, managing or insuring significant portfolios of industrial, commercial or infrastructure.
    23/05/2017
    Industry views on open-ended funds and illiquid assets
    Who, what and why? On 24 March 2017, CMS held a round table discussion to gauge the industry’s views on the FCA’s discussion paper on illiquid assets and open-ended funds[1].   We were joined by a variety of senior figures from the funds world, including fund.
    23/05/2017
    Interesting Environmental Permit Refusal
    In April 2017 the Environment Agency refused an environmental permit application in respect of a proposed facility at Avonmouth Docks. The facility would treat incinerator bottom ash (“IBA” – this is waste) to make incinerator bottom ash aggregates (“IBAA”.
    22/05/2017
    Infrastructure Pledges in the 2017 General Election Manifestos
    As campaigning for the 2017 General Election gathers pace, there was a flurry of manifesto launches for the main political parties in England last week. We take a closer look at the infrastructure pledges made in each manifesto.
    18/05/2017
    NEC3 compensation events: forecasting versus actual cost
    In a recently published decision, the Northern Irish High Court has considered the correct approach to the assessment of compensation events under an NEC3 contract. The decision considers the extent to which an assessment is required to be made on the basis.
    12/05/2017
    Project Phoenix: Is NHS PPP about to rise from the ashes?
    Community Health Partnerships (CHP), a wholly owned Department of Health (DoH) company, currently provides public sector investment in the primary healthcare and community estate through the NHS Local Improvement Finance Trust (LIFT).
    05/05/2017
    The future of fracking?
    Cuadrilla get the green light in Lancashire We previously wrote about the contentious decision made by the Secretary of State for Local Authorities and Government to call-in and grant Cuadrilla’s appeal against Lancashire County Council to drill and frack.
    13/04/2017
    Insolvent bidding partner: new ECJ ruling provides comfort
    This article was produced by Nabarro LLP, which joined CMS on 1 May 2017. Summary and implications A sponsor or developer can invest a lot of time developing relationships, joint ventures and bidding consortia.
    13/04/2017
    Permissions in Principle and Brownfield Land
    This article was produced by Nabarro LLP, which joined CMS on 1 May 2017. Summary and Implications This week the Town and Country Planning (Permission in Principle) Order 2017 (the "2017 Order") comes into force which will allow "permission in principle" to.
    11/04/2017
    Guidance on the expansion of the NSIP regime published
    This article was produced by Nabarro LLP, which joined CMS on 1 May 2017. Summary and implications Guidance on the expansion of the NSIP regime published Guidance has been published by the government which sheds light on new provisions that came into force.
    11/04/2017
    The UK Supreme Court… on tour?  UKSC to sit in Edinburgh for the...
    Last month, the UK Supreme Court announced that it will sit in Edinburgh in June 2017.   This is a historic first: it will be the first time the Court has sat outside of London.   From 12 – 15 June 2017, the Court will sit at Edinburgh City Chambers, the home.
    04/04/2017
    Examining the "thin end of the wedge" in applications to discharg...
    A covenant which restricted the use of a property to that of holiday lettings for certain weeks of the year was not to be modified or discharged. The recent Court of Appeal case of Stafford Flowers v Linstone Chine Management Company Ltd [2017] EWCA Civ 202.
    03/04/2017
    High Court hands down important ruling on standing in procurement...
    The High Court has recently delivered judgment in R (Wylde) v Waverley Borough Council [2017] EWHC 466 (Admin), a judicial review relating to the redevelopment of Farnham town centre.   The claim, brought by a number of councillors and local residents opposed.
    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.