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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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We were very happy working with them. They were really available, really efficient and very precise. A very good team that co-ordinated together very well.

Chambers and Partners, 2017

'consistently performs at a very high level, and is generous in ensuring that clients are properly advised.'

Legal 500, 2017

CMS ‘has an in-depth knowledge of the law and the industry context’, and the partners ‘are adept at ensuring the knowledge cascades down the team over time’.

Legal 500, 2017

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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
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    New rights to con­vert light in­dus­tri­al build­ings to res­id­en­tial
    Cre­at­ing more hous­ing re­mains Gov­ern­ment’s top pri­or­ity. To en­cour­age this from 1 Oc­to­ber 2017, a new per­mit­ted de­vel­op­ment right al­lows con­ver­sion of light in­dus­tri­al (class B1(c)) to res­id­en­tial (class C3) without plan­ning per­mis­sion.
    Low-cost, low-car­bon solu­tions: op­por­tun­it­ies for the UK en­ergy sec­tor...
    On Fri­day 13 Oc­to­ber, the Na­tion­al In­fra­struc­ture Com­mis­sion (“NIC”) pub­lished its draft Na­tion­al In­fra­struc­ture As­sess­ment (“NIA”) for 2018 for pub­lic con­sulta­tion. The re­port is wide-ran­ging, ad­dress­ing sys­tem­ic de­fi­cien­cies in areas in­clud­ing hous­ing, trans­port,.
    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.
    BIM in prac­tice: own­er­ship of design data and ac­cess to the CDE
    Build­ing In­form­a­tion Mod­el­ling (BIM) is a tech­no­lo­gic­al solu­tion in­ten­ded to fa­cil­it­ate the shar­ing of design in­form­a­tion in real time amongst the pro­ject team by means of a com­mon soft­ware plat­form (some­times re­ferred to as the Com­mon Data En­vir­on­ment), and.
    New RIBA fire safety guideline drawn up post Gren­fell
    The Roy­al In­sti­tute of Brit­ish Ar­chi­tects (RIBA) and the As­so­ci­ation for Spe­cial­ist Fire Pro­tec­tion (AS­FP) have joined forces to cre­ate an add-on to the RIBA Plan of Work (POW). Their goal is to help en­sure that, in com­plex pro­ject teams, crit­ic­al fire safety.
    Ring-fen­cing: what Land­lords need to know
    What is ring-fen­cing? Ring-fen­cing is a pro­cess that the largest UK banks must com­ply with in or­der to sep­ar­ate their core re­tail bank­ing from in­vest­ment bank­ing. The pur­pose of the pro­cess is to sup­port fin­an­cial sta­bil­ity by sim­pli­fy­ing the struc­ture of.
    Spot the dif­fer­ence: guar­an­tee or on-de­mand bond?
    A Com­mer­cial Court de­cision  in Septem­ber  provides a re­mind­er as to the im­port­ance of clar­ity when draft­ing guar­an­tees and per­form­ance bonds for large in­ter­na­tion­al in­fra­struc­ture pro­jects. In this case, the Em­ploy­er and Con­tract­or  on the large Panama Canal.
    European Pro­jects of Com­mon In­terest and the 2018 Ten Year Net­work...
    Any elec­tri­city trans­mis­sion or stor­age de­veloper seek­ing to have a pro­ject clas­si­fied (or to en­sure a pro­ject re­tains its status) as a European Pro­ject of Com­mon In­terest must first en­sure that the pro­ject is in­cluded with­in the Ten Year Net­work De­vel­op­ment.
    Third party rights in con­struc­tion con­tracts: iden­ti­fic­a­tion of be­ne­fi­ciar­ies
    A re­cent Com­mer­cial Court de­cision has provided some rare com­ment­ary on the iden­ti­fic­a­tion of third party be­ne­fi­ciar­ies un­der the Con­tracts (Rights of Third Parties Act) 1999 (the “Act”). The case con­sidered wheth­er the Claimants were able, as third parties,.
    Wild­land Ltd and the Wel­beck Es­tates v Scot­tish Min­is­ters [2017] CSOH...
    A re­cent de­cision in the Court of Ses­sion has again drawn at­ten­tion to the re­quire­ment for de­cision-makers to give ad­equate reas­ons for their de­cision in plan­ning mat­ters. Last month the Out­er House of the Court of Ses­sion dis­missed a pe­ti­tion by Wild­land.
    Per­form­ance bonds: Scot­tish court af­firms broad in­ter­pret­a­tion
    In March this year we re­por­ted on a Scot­tish de­cision which sug­ges­ted that great­er le­ni­ency may ap­ply to the in­ter­pret­a­tion of per­form­ance bonds in Scot­land than in Eng­land. The court has now provided fur­ther guid­ance fol­low­ing the case go­ing to proof.
    The Rise of the RE­IT in the Middle East
    Real Es­tate In­vest­ment Trusts (“RE­ITs”) have been widely used in the UK, the United States and Europe for over a dec­ade, mainly as tax ef­fi­cient real es­tate in­vest­ment vehicles.   Their ap­peal in the Middle East has, not un­sur­pris­ingly, had less of an im­pact.
    Flex­ib­il­ity for Frack­ing
    The Plan­ning Court has con­firmed that a pet­ro­leum ex­plor­a­tion and de­vel­op­ment li­cence ("PEDL") is cap­able of be­ing var­ied by agree­ment between the li­censee and the Sec­ret­ary of State, not­with­stand­ing the lack of an ex­press power to do so with­in the Pet­ro­leum.
    Fire Safety Con­sid­er­a­tions for Uni­versit­ies
    Fire safety is­sues are front of mind for own­ers of multi-oc­cu­pied res­id­en­tial build­ings fol­low­ing the Gren­fell Tower tragedy.   There is ob­vi­ously wide­spread shock that such an in­cid­ent could oc­cur, giv­en the UK’s highly reg­u­lated build­ing stand­ards re­gime.
    The new Welsh land­fill dis­pos­als tax
    The Welsh Gov­ern­ment is gear­ing up to in­tro­duce its own land­fill dis­pos­al tax (“LDT”) in 2018. This is part of the Welsh Gov­ern­ment's ‘To­wards Zero Waste’ strategy, which aims to make Wales a high re­cyc­ling na­tion by 2025 and a zero waste to land­fill na­tion.
    In­creased en­vir­on­ment­al risks in prop­erty trans­ac­tions fol­low­ing Court...
    The Court of Ap­peal in Pow­ys County Coun­cil v Price and Hard­wick [2017] EW­CA Civ de­term­ined that Pow­ys County Coun­cil was not li­able as an “ap­pro­pri­ate per­son” for the re­medi­ation of con­tam­in­a­tion cre­ated en­tirely by the activ­it­ies of its pre­de­cessor loc­al.
    MT Højgaard: Su­preme Court rules on fit­ness for pur­pose dis­pute
    In a de­cision is­sued today, the Su­preme Court has up­held an ap­peal in the MT Højgaard lit­ig­a­tion restor­ing the TCC’s ori­gin­al de­cision and find­ing the con­tract­or li­able to com­ply with a fit­ness for pur­pose type ob­lig­a­tion con­tained in a tech­nic­al sched­ule des­pite.
    In­ter­pret­ing mul­tiple design ob­lig­a­tions in con­struc­tion con­tracts...
    A de­cision of the TCC earli­er this month has con­sidered the in­ter­re­la­tion­ship between gen­er­al fit­ness for pur­pose ob­lig­a­tions and more spe­cif­ic qual­ity ob­lig­a­tions con­tained in a tech­nic­al spe­cific­a­tion.