United Kingdom > London > Transport
Overview
The transport sector continues to feel the effects of the global economic downturn. Though fewer disputes are now arising, there is a backlog of cases being cleared and access to funds is still scarce.
Levels of litigation in the aviation sector remained high. In addition to the continuing impact of the economic downturn, the sector came under additional pressure due to disruptions caused by the volcanic ash eruptions, and now faces further challenges as airlines slash their profit forecasts due to rising oil prices and a potential trade war looms with the EU preparing to include foreign airlines in the emissions trading scheme. On a positive note, there is robust growth by Asia Pacific carriers and great potential for growth in Latin America and Africa, which has a number of London practices looking internationally. The biggest upset in the sector, law firm wise, has been from the announcement of the pending move of Barlow Lyde & Gilbert LLP’s longstanding leading aviation practice, to Holman Fenwick Willan LLP. On the boutique front, Gates and Partners continued to grow, opening offices in Brussels and Dubai.
After a quiet start to the year, as the new government came into force and the long awaited McNulty report became public, activity in the rail sector picked up; transactions included the sale of High Speed 1 (HS1), which was more successful than expected. The McNulty report calls for cost cuts of up to 30% by 2019, and the Secretary of State for Transport has confirmed that future rail franchises will be longer, and that output-based results and larger incentives to entice operators to invest in infrastructure and other facilities will be key. These developments will feed into the upcoming franchise bids. Internationally, practices are still targeting infrastructure projects in the Middle East and India, where investment continues to grow.
Dispute resolution work dominated the news in the shipping sector. While new disputes arising out of the economic downturn have started to dry up, those which have failed to settle are now in the courts. Somali pirates continue to plague the sector, keeping a number of London practices tied up in negotiating the release of people, cargo and vessels, as well as giving rise to disputes over the allocation of liability. Ince & Co and Holman Fenwick Willan LLP continue to dominate the market, although the latter lost three partners to new start-up Campbell Johnston Clark. The number of boutique shipping practices is steadily growing, and appear to be thriving in the current climate.
The chapter no longer covers multi-modal work under a separate heading, but a number of prominent firms continue to have healthy practices in the area – notably Clyde & Co LLP, Holman Fenwick Willan LLP, Gateley, Barlow Lyde & Gilbert LLP and Hill Dickinson LLP.
Aviation
Index of tables
Aviation
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1
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2
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3
Leading individuals
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- John Balfour Beaumont & Son – Aviation at Clyde & Co
- Simon Chamberlain Bird & Bird
- Patrick Farrell Norton Rose LLP
- Mark Franklin DLA Piper UK LLP
- Sean Gates Gates and Partners
- Richard Gimblett Barlow Lyde & Gilbert LLP
- Rory MacCarthy Addleshaw Goddard LLP
- Neil McGilchrist Gates and Partners
- Paul Phillips Stephenson Harwood
- Richard Venables Bird & Bird
This section focuses on airline, airports and regulatory work, as well as aviation insurance. Aviation finance is covered as part of Asset finance and leasing, under Finance, while claimant personal injury work is covered in the Insurance section.
The aviation practice at Barlow Lyde & Gilbert LLP is set to transfer to Holman Fenwick Willan LLP; scheduled to make the move are Sue Barham, Nicholas Hughes and Giles Kavanagh in London, along with Richard Gimblett (London and Dubai); Jeremy Shebson (London and São Paulo); Peter Coles (Hong Kong); and Keith Richardson and Mert Hifzi (Singapore). The team ‘as it stands is extremely knowledgeable and responsive’, and regularly acts for clients such as British Airways, Etihad, BAE Systems and Allianz. Regulatory expert Barham has been representing the National Airlines Council of Canada in High Court judicial review proceedings and an ECJ referral over the legality of the EU’s rules on emissions trading for aviation; and Gimblett, who is ‘very knowledgeable and the man to go to for aviation disputes’, recently advised on the global settlement following the loss of a Flash Airlines B737. Kavanagh, who heads the team, is highly recommended for insurance-related aviation work.
‘Market leader’ Beaumont & Son – Aviation at Clyde & Co stands out for handling everything from commercial and corporate work to insurance and regulatory matters in the aviation field. Recent highlights include successfully defending Air New Zealand against accusations of cartel activity in the air cargo sector; acting for insurers on the total loss of Air France 447; and advising various airlines on slot deals at London airports. The London team is backed by the over 100 aviation lawyers across the firm’s network of international offices, giving the team credible resources in Latin and North America, Asia, and Europe. The team is also notable for its strength in depth, with experts including consultant John Balfour, Tim Brymer, David Willcox, Philip Bass, and Patrick Slomski, who has ‘an encyclopaedic knowledge of the industry’ Peter Macara and Alex Stovold have been promoted to partner.
Clients appreciate the ‘highly responsive, commercial approach’ adopted by Bird & Bird. The group continued to build on its impressive client base, adding names such as Jet2.com and Abu Dhabi Airport Authority to a list that already included names such as Etihad and easyJet. Its recent appointment to the panel of Virgin Atlantic Airways has already resulted in a number of instructions. The ‘very knowledgeable and effective’ Robin Springthorpe regularly ‘comes up with the perfect strategy and answer’, and has been acting for National Reserve Corporation in a $50m dispute with PK AirFinance GECAS over alleged breach of duties. The group also has an impressive non-contentious practice. Simon Chamberlain’s experience in working at an airline is considered a ‘significant advantage’ that ‘makes it easier for him to understand complex situations and generate practical advice’. Finance specialist Paul Briggs is ‘personable, energetic, focused and clear about the main issues’, while consultant Richard Venables has a wealth of regulatory expertise.
The ‘highly erudite’ team at DLA Piper UK LLP is ‘capable of delivering concise and focused advice on complex subjects in short turnaround times’, and is ‘recommended for insurance defence and coverage instructions in challenging countries’, as well as for ‘aviation-based commercial and contentious matters’. The group’s impressive client roster includes industry giants such as British Airways, Emirates, NATS, and Allianz Global Corporate and Specialty, which it advised on the liabilities of the operator following the crash of an ATR72 aircraft. Other highlights included acting for the government of the Republic of Cyprus in the Court of Appeal regarding a judgement refusing a permit for a service between the UK and Turkish-occupied northern Cyprus, and advising on slot transactions for bmi. Mark Franklin and Kathryn Ward have ‘excellent aviation regulatory knowledge, and are very pragmatic and focused’, with Franklin rated as a ‘highly knowledgeable and good negotiator’, and Ward as ‘intelligent and tenacious in dealing with difficult situations in challenging places’.
Gates and Partners continued to grow rapidly with the opening of offices in Brussels and Dubai, and the recruitment of Alison McKenzie to the London office from Qantas. A niche aviation practice, it generates just over 50% of its work from aviation insurance liability matters, and ‘for defence claims arising out of crashes is unparalleled’. The group also has a strong track record of covering aircraft finance and aviation-related commercial agreements for airlines. It now sits on the panels of China Southern and China Eastern, and picked up a growing number of instructions from Russian airlines, as well as acting for British Airways and others on matters arising out of the volcanic ash eruption. Sean Gates and Neil McGilchrist are undisputed market leaders, and Saleema Brohi and Paul Freeman are also recommended.
Rory MacCarthy’s team at Addleshaw Goddard LLP may be smaller than many of its competitors, but it acts for an impressive number of leading aviation clients, including British Airways, LAN Chile, Rolls-Royce, American Airlines and Aviation Capital Group. Advising LAN Chile on its $3.4bn purchase of 50 Airbus A320 aircraft was the group’s largest deal in 2010; other highlights included advising on slot agreements for a major airline, and representing a leasing client on the default termination of an aircraft lease agreement and the repossession and deregistration of the aircraft. Andrew Smith, who focuses on operational work and regularly acts for British Airways, joined from Taylor Wessing LLP.
Norton Rose LLP has ‘very good partners, as well as a very strong team of associates and counsel’, and is ‘one of the best at the litigation/aircraft recovery and aircraft finance aspects of the business’. The team advised Monarch Airlines in relation to the volcanic ash disruptions; Balli Group plc in a dispute over the ownership of three Boeing 747 aircraft; and Global Knafaim Leasing in a judicial review regarding the detention of aircraft following the collapse of Zoom Airlines. Patrick Farrell is ‘absolutely outstanding – hugely experienced in the industry and as a litigator – and has a very in-depth global knowledge of repossession issues/local law/lien and procedure in an endless number of jurisdictions’; he is the ‘first port of call when preparing for a possible repossession’.
Simmons & Simmons is best known for its aircraft finance work, but also handles a significant volume of related contentious matters. The group covers repossession work worldwide, and has a good reputation of acting for military clients such as the Ministry of Defence. The group advised AerCap on its claim for breach of a sale agreement for two Boeing B757s; acted for the MoD on phases three, four and five of the UK Military Flight Training System; and obtained an injunction to detain and repossess a B737 for Volito. Kim Walkling is rated for his work for the MoD, while Nick Benwell has notable litigation expertise. Clients are ‘extremely impressed with the service’.
Stephenson Harwood defended Air Asia against claims of loss of sale arising from the late redelivery of a Boeing 737-300, the first such claim of its kind made through the English courts; and advised Blue Wing Airlines on gaining its removal from the European blacklist of airlines – it is the seventh blacklisted airline the group has represented. The firm is known for its wide-ranging practice, acting for clients such as American Airlines, Virgin, Vietnam Airlines, and Aviation Capital. Paul Phillips ‘gives well over 100% to his clients, knows the aviation business (both at the technical and legal level), and is a very tough fighter’; he ‘provides clear strategic vision with tenacity and great stamina in following through with detail’. Associates Russell Binch and Kate Cordery are ‘exceptionally good lawyers’.
Niche aviation practice Clark Ricketts LLP ‘speaks the language of aviation and delivers a first-class, knowledgeable service without charging first-class fees’. The practice spans both the commercial and insurance sides of aviation, and fields the ‘excellent’ Ian Clark; ‘extremely efficient and effective litigator’ Tim Murray; and the ‘well-known and highly regarded’ Robert Ricketts. The group is advising SpiceJet on the purchase of up to 30 Bombardier A400s, and representing an airport operator in a dispute with a major airline. Other clients include flydubai, Sloane Helicopters, and Chapman Freeborn Airchartering.
Eversheds LLP continued to advise the Department for Transport (DfT) on the review of economic regulation of airports, including the drafting of the Airport Economic Regulation Bill, which will introduce a new licence-based approach for the regulation of large airports such as Heathrow and Gatwick; and acted for Birmingham Airport on the planning and commercial aspects of the proposed extension of a runway at Birmingham International Airport. The practice acts for a number of airlines such as Ryanair and Virgin Atlantic, as well as a number of airports, including Bristol Airport and Liverpool Airport. Practice head Richard Prowse is recommended.
Freshfields Bruckhaus Deringer LLP has an exceptional aviation finance practice led by Robert Murphy, but is also one of the top choices for large-scale aviation-related corporate deals. The group advised Rolls-Royce on its joint venture with GKN to design, develop and manufacture fan blades and containment cases; acted for the Northern Capital Gateway on the construction, operation and financing of the redevelopment of Pulkovo Airport in St Petersburg; and represented the Air Transport Association of America in its challenge to the EU’s extension of its carbon emissions trading scheme to aviation.
Ince & Co’s team is ‘thorough, prompt and knowledgeable’, and ‘offers good value for money in aviation insurance’, and has notable expertise in recovery work. Gillie Belsham acted for PK AirFinance and its insurers in the recovery of its financial interests in two Boeing 747 aircraft, while Nick Burgess acted for the primary insurers regarding the Pamir crash. Consultant Tim Scorer has ‘unsurpassed knowledge of UK general aviation’.
SNR Denton has an impressive track record of acting for clients such as Emirates, United Aviation, Airbus and United Airlines. The group’s aviation finance expertise has been the initial draw for many of these clients, but the group now advises them on all manner of work from mainstream leasing to employment tribunal work. It has advised Russian airlines such as Transaero and Utair on commercial matters, and United Aviation on the application of EU emissions trading scheme. Nick Chandler leads the 15-partner, multi-disciplinary team.
Slaughter and May serves as lead adviser to British Airways; it recently acted for the company in relation to its transatlantic alliance with American Airlines and Iberia; its merger with Iberia; proceedings arising out of the investigation into cartel activity in the cargo sector; and the multi-jurisdictional aspects of the US class actions arising out of the passenger fuel surcharge investigations. The firm also acts for Global Infrastructure Partners on matters following on from its acquisition of Gatwick Airport. Stephen Cooke and David Wittmann are recommended for aviation-related M&A; Richard Swallow for dispute resolution matters; and Bertrand Louveaux for competition and regulatory work.
WilmerHale’s team focuses on handling aviation-related corporate work, led by Michael Holter, and major disputes, led by Duncan Speller. Much of the group’s work is generated from its close relationship with Lufthansa, which it has advised on everything from the company’s acquisition of bmi to proceedings regarding the alleged fuel surcharge price-fixing cartel. The group also acts for members of Star Alliance, the global leading airline network; regularly advises Lufthansa Technik on maintenance contacts; and was involved in the privatisation of Austrian Airlines and Olympic Airlines. Both Holter and Speller are highly recommended.
Allen & Overy LLP’s aviation work includes asset finance, corporate, infrastructure development and litigation. The contentious side of the practice handles a significant amount of repossession work, including recently advising GECAS on the repossession of three Embraer 175 aircraft. Other highlights were advising BAA on the sale of its 65% stake in Naples Airport, and acting on the TAV Macedonia Airport PPP. The firm is valued for its ‘excellent advice and strong team’, with Peter Watson highly rated for ‘his legal acumen, professionalism and good humour’.
The team at Davenport Lyons acts for IATA, which represents 93% of scheduled international air traffic, on day-to-day regulatory and governance issues, and was appointed as the sole adviser to IATA’s Cargo Accounts Settlement Systems. The group also acts for the Local Carrier Action Group and Agency Program Joint Council; serves as a facilitator with the Civil Aviation Authority; and has seen an increasing number of instructions regarding the acquisition and sale of executive jets. Trevor Sears is recommended.
Much of Edwards Angell Palmer & Dodge UK LLP’s work involves advising on coverage issues and exposure. The firm acts for a number of major insurers, and in 2010 gained three new major insurance clients and added further strength with the recruitment of Francis Mackie from Dewey & LeBoeuf LLP. The team recently advised a world-leading insurer on regulatory licences for excess and surplus lines pool members. Mark Meyer and David Kendall are recommended.
At Fasken Martineau LLP, a ‘prompt considered response is always provided, and the knowledge is broad and deep’, with Alex Ferrari and Christopher Gooding inspiring particular loyalty among clients. The team continues to act for Kuwait Airways in KAC v IAC, and has picked up regulatory work in relation to a substantial airport development in Africa, and the establishment of a new airline in the Middle East. It has also won appointment to a number of aviation insurance panels. Ferrari is ‘on the ball’ and ‘never loses sight of the real objective’.
Herbert Smith LLP has acted for BAA since its privatisation in the 1980s, and represented the client in an investigation by the Competition Commission, its disposal programme, and plans to further develop Heathrow. The group advised a number of industry players on gaining permission for a judicial review of the CAA, and acts for clients such as easyJet, Etihad and Virgin Atlantic.
Recent work for Nabarro LLP includes advising Ryanair in its dispute with Gatwick Airport on the new ‘per passenger’ method for calculating the charges it levies on airlines, as well as on its successful appeal against the Competition Appeal Tribunal’s decision that BAA should not be required to dispose of three airports. It also advised Etihad on the preparation of a suite of commercial contracts. George Maling heads the team.
Pinsent Masons LLP focuses on projects work in the aviation sector, regularly advising on airport extensions and major PPPs. The group is currently advising the operator of London Ashford Airport on two planning applications for a runway extension and new terminal building. Other clients include BAA, Edinburgh Airport, and Leeds Bradford International Airport. Martin Harman heads the group.
The niche practice at Thomas Eggar LLP advises on the acquisition of corporate jets; acts for a number of African airlines; and assists with new airline start-ups. The group acts for airlines such as Arik Air and Fly 540- Sociedade De Aviacao Civil, and investment groups such as Lonhro Group, as well as major spare part suppliers such as AJ Walters and Storm Aviation. Oliver Mayes and Garry Ramsden are the key contacts.
Stewarts Law LLP and Irwin Mitchell LLP have sterling track records in handling personal injury cases for claimants in the aviation field. For details on these practices, readers are referred to the Personal injury: claimant section, under Insurance.
Rail
Index of tables
Rail
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1
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2
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3
Leading individuals
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- Jonathan Bevan Allen & Overy LLP
- Raymond Beven Pinsent Masons
- Mary Bonar Stephenson Harwood
- Mark Brunton Eversheds LLP
- Adrian Clough Herbert Smith LLP
- Simon Coppen Burges Salmon LLP
- Gordon Hall Norton Rose LLP
- Anne Harris Eversheds LLP
- Christopher McGee-Osborne SNR Denton
- Nick Olley Burges Salmon LLP
- Richard Phillips Freshfields Bruckhaus Deringer LLP
- Mark Swindell DLA Piper UK LLP
- Gavin Teague Clifford Chance
- Tom Winsor White & Case LLP
Burges Salmon LLP is best known for its work in the TOC space, but has a growing reputation in rolling stock, finance and construction. The group acted for Eurostar International on the procurement of its high-speed train fleet, and advised First Great Western and First Capital Connect on the HLOS agreement packages. Nick Olley is ‘an expert in his field’; Simon Coppen is a ‘clear leader in the market’; and Ann Metherall is ‘particularly recommended’. Philip Beer joined from Simmons & Simmons.
Clifford Chance focuses on advising on investment into the rail industry and large, complex transactions, with a strong presence domestically and internationally. The group acted on three separate bids on HS1; advised Eurostar on the implementation of the £1bn Futur Eurostar project; and represented a consortium on its bid for the Brazilian high-speed rail infrastructure project. Gavin Teague is recommended for finance work, while Alex Nourry is highly rated for regulatory work.
Freshfields Bruckhaus Deringer LLP advised HSBC Rail UK on the restructuring and refinancing of its UK rail leasing business; acted for Siemens regarding Eurostar’s procurement of high-speed trains; and assisted the DfT on the Thameslink rolling stock programme. Richard Phillips and Sally Roe co-head the practice, which is most often seen on large transactions and rail procurement matters, and handles rail work for clients such as Deutsche Bahn, Amey and Russian Railways.
Adrian Clough’s team at Herbert Smith LLP displays ‘strength in depth and is able to cover all requirements to demanding time scales’. The group acted for the vendor on the sale of HS1; Arriva on its takeover by Deutsche Bahn; and Al Shoula Consortium on its bid to serve as contractor on Phase 2 of the €10bn Haramain High Speed Rail Project. Patrick Mitchell ‘stands out for his overall legal knowledge and leadership in health and safety’. Martin Kavanagh and Matthew Job joined from Linklaters LLP.
Linklaters LLP is noted for its infrastructure, rolling stock and finance expertise. The group acted for the staple lenders on the £2.1bn purchase of HSBC Asset Finance’s train-leasing business, and represented Borealis Infrastructure and Ontario Teachers’ Pension Plan on the purchase of HS1. The team suffered the loss of Simon Gwynne and Robert Fugard to Hogan Lovells International LLP, but still has the expertise of Stuart Rowson, Ian Andrews and Fiona Hobbs.
Gordon Hall’s team at Norton Rose LLP covers a wide range of work, with expertise in construction, finance and leasing, regulatory and infrastructure, and acts for a wide variety of industry players, including operators (Go-Ahead), financiers (Lloyds TSB), ROSCOS (Eversholt Rail), manufacturers (Siemens), sponsors (Hochtief), railway operators (Tube Lines), regulatory bodies (the Office of Rail Regulation) and government (the DfT). The group acted for a bidder on the privitisation of HS1, and also advised on the restructuring of Ascendos Rail Leasing.
SNR Denton’s team is valued for its ‘responsiveness, acumen and in-depth knowledge’. Highlights included advising Bombardier on its bid for the Thameslink rolling stock programme, and acting for DB Regio on the successful mobilisation of the Tyne and Wear Metro, the only concession to complete in 2010. Matthew Hanslip Ward ‘can always be depended on for cogent and timely advice’, and Tammy Samuel ‘provides thorough and well-considered advice’. Christopher McGee-Osborne heads the team.
Allen & Overy LLP tends to appear in large-scale projects, and is prominent in rolling stock transactions. The group acted for Eversholt Investment Group on the acquisition of HSBC Asset Finance’s rolling stock business; represented the lenders in the HS1 transaction; and continued to advise the Bombardier consortium on the Thameslink rolling stock programme. The practice is led by leading individual Jonathan Bevan.
Ashurst LLP’s lawyers ‘benefit from working on both the client and contractor sides’. The group acted for Crossrail in relation to rolling stock and depot procurement; and advised Hitachi on its bid for the Intercity Express Programme. Lee McDonald is ‘commercially astute, pragmatic, and approachable, and has a wealth of knowledge’. Naomi Horton, who recently returned to practice, stands out as ‘providing real risk solutions’.
DLA Piper UK LLP was appointed to advise Merseytravel on the vertical integration project for the Mersyrail Electrics network; is acting for Agility Trains as the preferred bidder to replace the existing fleet of high-speed trains on the East Coast Main Line; and is advising the Olympic Delivery Authority on the upgrade at Stratford Regional Station. Mark Swindell heads the practice, which has ‘extensive knowledge of urban transit schemes’.
Highlights for Network Rail panel firm Eversheds LLP included closing Project Evergreen III (the upgrade of the London to Birmingham Chiltern Main Line and the creation of a new London to Oxford main line); and being appointed as legal adviser to East Coast Main Line Company. Mark Brunton provides ‘excellent advice in a timely manner, and pays particular attention to detail’. Anne Harris is highly recommended.
Simmons & Simmons’ work for Network Rail keeps the team involved in some of the largest projects in the market, and has seen the firm advise in relation to HS1, Thameslink, the West Coast Main Line upgrade project, the East London Line project, and the Chiltern Railways Evergreen project. Carol Hewson is ‘positive, supportive, strong willed and knowledgeable’, and Juliet Reingold is also recommended.
Stephenson Harwood’s Martin Fleetwood and rail adviser Mary Bonar have ‘extensive knowledge of the light rail market’, and Graeme McLellan is recommended for his ‘expertise, knowledge and service levels’. The group was appointed to act for a consortium on its bid to provide the rolling stock and depot facilities for Crossrail. The recruitment of Nick Avery from Ashurst LLP added greater depth on the finance side.
Berwin Leighton Paisner LLP has been very active on behalf of new client Angel Trains, including advising on the commissioning project for its new-build procurement and leasing of Class 390 Alstom Pendolino trains to Virgin West Coast. Other clients include Beacon Rail Leasing and East Midlands Trains. Russell Clifford ‘provides clear technical advice, balanced with commercial pragmatism’. Real estate partner James Knox joined from Linklaters LLP.
CMS Cameron McKenna LLP represented the DfT on the sale of HS1 and on the restructuring of the Eurostar business; London Underground on the sub-surface lines signalling upgrade project; and the government of India and the Ministry of Railways on the proposed redevelopment of New Delhi Railway Station on a PPP basis. Jonathan Beckitt leads the team.
Pinsent Masons LLP continues to act for Córas Iompair Éireann and Ianród Éireann on the procurement for the DART Underground project, and also counts the Railway Procurement Agency, Balfour Beatty and Siemens as clients. Raymond Beven is recommended for PPP work, and Jonathan Hart is noted for his knowledge of light rail.
Go-Ahead is a key client for David Rewcastle’s team at Dickinson Dees LLP. The group advised Nexus on the tendering of a new operation concession for the metro light railway system and £300m in infrastructure improvements in Tyne and Wear; and acted for Southeastern Railway on the procurement of modifications to the Class 465 rolling stock fleet.
Hogan Lovells International LLP acted for Tube Lines on the periodic review of the London Underground PPP contract, and represented Alstom on its bid to provide the newly designed fleet for the Thameslink rolling stock programme. It gained significant strength on the finance side with the recruitment of Robert Fugard and Simon Gwynne from Linklaters LLP.
Osborne Clarke has historically acted for train operators such as Arriva UK Trains, First Capital Connect and Eurostar, which the group advised on its reorganisation and outsourcing of its catering logistics operation. It also increasingly acts for infrastructure and open-access players such as Amey and Grand Central. Lara Burch heads the practice.
White & Case LLP’s team is headed by Tom Winsor, who spent five years as the UK Rail Regulator. The group is advising the transport authority of the UAE on setting up economic and safety rail regulations, and acting for Serco on amending the DLR contract. Phillip Capper is highly rated for contentious rail work.
Blake Lapthorn’s Peter Barber and Stephen Murfitt were appointed to the Access Disputes Committee of the rail industry, which has already resulted in instructions. The team continued to advise Stagecoach on its South Western and East Midlands passenger franchises.
Field Fisher Waterhouse LLP largely focuses on pensions, corporate and technology work, for clients such as Arriva and Go-Ahead, and boosted its technology offering with the recruitment of John Worthy from SNR Denton. Nigel Taylor left to join Clyde & Co LLP.
Kennedys largely handles contentious work for major rail players, and is noted particularly for health and safety matters. ‘There isn ’t much about rail legislation that is unknown’ to Richard Crockford or Daniel McShee, and Andrew Gilbert has ‘unparalleled knowledge of rail contracts’.
Wragge & Co LLP’s infrastructure and real estate expertise stands the firm in good stead in the rail sector, in both the UK and overseas (particularly Africa). Michael Whitehouse has ‘enormous experience, and great respect in the industry’.
Robbie Owen’s team at Bircham Dyson Bell LLP is advising Treasury Holdings on its proposals to extend the Northern Line of the London Underground, and Network Rail on three proposed upgrades. It has ‘great experience in industrial action in the rail industry’.
Two-partner practice Hollingworth Bissell focuses exclusively on serving rail industry clients, such as London Overground and Chiltern Railways. Both Helen Bissell and Sara Hollingworth, whose ‘opinion carries a lot of weight’, are recommended.
Reed Smith’s appointment to Angel Trains’ panel brought in numerous instructions, including negotiating contracts for maintenance and overhaul. Other highlights included advising ECML on the Wakefield Westgate and King’s Cross station redevelopment projects. Jon Pike and Philip Taylor lead the practice.
Thomas Eggar LLP is noted for its rail-related property work, for clients such as Docklands Light Railway, the DfT and BRB (Residuary). Consultant Guy Clements is recommended.
Winckworth Sherwood regularly advises on key strategic work for clients such as Network Rail, Crossrail and various government bodies. Paul Irving and Alison Gorlov advised the Secretary of State in relation to the Crossrail Act 2008, and on subsequent matters as its provisions came into force.
Greenberg Traurig Maher LLP has an impressive rail team led by former DLA Piper UK LLP partner Andrew Herring. The group advised Birmingham City Council on the £650m redevelopment of New Street station.
K&L Gates regularly handles operational, projects and contentious work for London Underground, which it successfully represented in a £37m dispute with Tube Lines regarding timetabling and rolling stock issues. Matthew Smith leads the practice.
Keith Wallace’s team at Lee Bolton Monier-Williams focuses on rail-related property work for clients such as Network Rail Infrastructure, Transport for London and DB Schenker Rail (UK).
Shipping
Index of tables
Shipping
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1
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2
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3
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- Mills & Co Newcastle-upon-Tyne
- Norton Rose LLP
- TLT LLP
- Waterson Hicks
Leading individuals
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- Tony Allen Hill Dickinson LLP
- Ben Browne Thomas Cooper
- Julian Clark Campbell Johnston Clark
- Richard Crump Holman Fenwick Willan LLP
- Alex Davis Stephenson Harwood
- Colin de la Rue Ince & Co
- Lindsay East Reed Smith
- Patrick Foss Barlow Lyde & Gilbert LLP
- Paolo Ghirardani Stephenson Harwood
- James Gosling Holman Fenwick Willan LLP
- Edward Gray MFB
- Nick Graydon Clyde & Co LLP
- Richard Gunn Reed Smith
- Paul Griffiths Bentleys, Stokes and Lowless
- Paul Herring Ince & Co
- John Hicks Waterson Hicks
- Andrew Hughes MFB
- Andrew Johnson Hill Dickinson LLP
- Tim Kelleher Thomas Cooper
- Michael Kim DLA Piper UK LLP
- Mike Lax Lax & Co LLP
- Hugh Livingstone Holman Fenwick Willan LLP
- Guy B Mills Mills & Co
- Faz Peermohamed Ince & Co
- David Perry Waltons & Morse
- Ken Scott Winter Scott
- Nick Shaw Reed Smith
- Andrew Taylor Reed Smith
- Robert Wallis Hill Dickinson LLP
- James Wilson Ince & Co
- Glenn Winter Winter Scott
- Andrew Wright MFB
This section covers dry and wet work, across casualty matters, shipbuilding, bill of lading and charterparty disputes, and marine insurance. Ship finance matters are covered as part of Asset finance and leasing, in Finance, while ship-related personal injury matters are covered under Insurance.
Holman Fenwick Willan LLP has ‘outstanding in-depth knowledge of all marine matters’ and a ‘global reach and consistent work ethic’ that leave clients ‘certain the firm has all the resources to meet clients ’ requirements to their complete content’. Andrew Chamberlain advised Smit Salvage Americas as salvors following the blowout at Deepwater Horizon, while Hugh Livingstone and David Morriss successfully represented a shipowner in a $5m demurrage claim. Matt Illingworth has ‘vast experience of shipping litigation’; James Gosling is ‘very knowledgeable’; and Toby Stephens is noted for his expertise in salvage matters. Three partners left to set up Campbell Johnston Clark.
Clients can ‘rely on professional and well-experienced advice’ from Paul Herring’s team at Ince & Co, whose size and ‘high competence in all fields enable it to mobilise a well-qualified team immediately’. Marine casualty expert Faz Peermohamed has ‘excellent knowledge’ and provides ‘invaluable support on difficult claims’; Chris Kidd ‘understands client needs and always gives first-class advice’; James Wilson is ‘extremely competent and always provides good support’; and Colin de la Rue is ‘in a class of his own in the pollution field’. The team acted in TMT Asia v Oceanbulk, and represented the owners of Crystal Topaz following a collision with DN31, a small dredger.
Clyde & Co LLP’s ‘quick and responsive’ team represented Merle Wood & Associates in a leading shipbroking case regarding a 110-metre superyacht, and achieved the second-highest Lloyd’s Open Forum salvage award ever for Five Oceans Salvage. Andrew Preston’s ‘strengths are his knowledge of the law, speed of response and ability to assess commercial risk’; Nick Austin ‘explains technical issues with clarity’; and Hatty Sumption is ‘very thorough, commercially minded and persistent’. The firm’s ‘network of worldwide offices proves to be extremely useful’.
Hill Dickinson LLP’s Stuart Armstrong and Claire Messer ‘deal with claims in a commercial and sensible manner’. Robert Wallis is recommended for his ‘reliability and industry knowledge’, and Russell Gardner provides ‘clear, concise and well-balanced advice’. Highlights included advising the owners and insurers of MSC Chitra following a collision, and successfully representing superyacht broker Edmiston & Company in the biggest brokerage dispute in history. The group is rated for dry and wet shipping work, and has notable yacht expertise. Philip Wareham joined from Holman Fenwick Willan LLP.
Reed Smith’s ‘outstanding service’, ‘impressive business acumen/industry knowledge’ and ‘quick, reactive and knowledgeable responses’ prove ‘very good value for money’. Nick Shaw is ‘quick, commercial and proactive’; Richard Gunn is ‘user friendly and responsive’; Charles Weller is a ‘conscientious and responsive communicator, and extremely well connected globally’; Alex Andrews’ ‘vast knowledge of the law makes him an adviser with substance’; and Andrew Taylor’s ‘years of experience and excellent grasp of the industry mean he looks at matters from a different level’. The group advised Gulf Rocks in relation to the MSC Chitra collision.
MFB is best known for its dry shipping work, where it largely acts for operators and charters, but also has a strong wet shipping practice, which is led by Mike Mitchell and includes two other master mariners. Clients consider the group ‘very good at casualty and chartering work’, with master mariner and solicitor Jeff Lock recommended for the former and Peter Jago for the latter. Andrew Hughes, Andrew Wright and Edward Gray are recommended.
Stephenson Harwood’s ‘attraction is not only the international network but also the multi-disciplinary capabilities combined with good coordination’. Paolo Ghirardani is ‘pragmatic, responsive and commercial’; Stuart Beadnall and Sean Gibbons are ‘very bright, positive and diligent’; Duncan McDonald’s ‘ability to balance the legal and commercial aspects is first class’; and Ingolf Kaiser has a ‘thorough and thoughtful approach, and good tactical awareness’. The group advised in relation to an order of ten of the world’s largest container ships, with options for 20 more.
Barlow Lyde & Gilbert LLP’s ‘case/time management abilities provide clients with overall better value for money’. The group has a well-established track record of acting for major insurers, and recently advised on the Elli crash in the Suez Canal, and won new clients such as Catlin Risk Solution and Ace American Insurance. Patrick Foss and Chris Zavos are ‘fully aware of the commercial implications facing insurers, as well as the technical legal aspects’.
Bentleys, Stokes and Lowless’ Jamie Wallace and Vernon Sewell are rated for their ‘friendly, tailored and expert approach’. The team is best known for handling marine insurance work, but also has a good reputation for handling all manner of work across international trade and transport law. William Chetwood, Paul Griffiths and Nicholas Wilson are recommended. The group acted in Dalwood Marine Co v Nordana Line A/S.
Niche shipping firm Thomas Cooper’s ‘level of service and ability compare favourably with larger and more expensive firms’. Highlights included advising Hyundai in a dispute with Rigel regarding sanction problems; acting in a $4m unpaid hire/damages case; and winning new clients such as Louis Dreyfus and Norwegian Hull Club. John McCaskill, who joined from Ince & Co, ‘always provides an honest, prompt and commercially useful response’, and Darryl Kennard ‘works tirelessly and imaginatively’.
Christopher Dunn and Mark Lloyd at niche shipping firm Waltons & Morse are ‘impressive’. The group, which largely acts for insurers such as Chartis and Travelers and is a leader in cargo matters, recently acted in Masefield AG v Amlin Corporate Member Limited, and represented insurers on cargo issues arising out of the grounding of the Dover Strait off St Lucia. The group has seen a rise in instructions relating to piracy.
Winter Scott is ‘a niche shipping firm par excellence’ that is ‘deservedly very busy, particularly for the Scandinavian clubs and Chinese clients’. Glenn Winter is ‘enormously experienced, calm and thorough’, and Tim Houghton ‘provides outstanding client service and has excellent drafting skills’. The firm rates highly for both wet and dry shipping.
Niche shipping and offshore oil and gas firm Curtis Davis Garrard LLP largely focuses on advising on the acquisition, sale and long-term employment of vessels, as well as resultant disputes. The team has seen an increasing number of instructions for the construction and conversion of superyachts, and successfully terminated shipbuilding contracts and recovered the pre-delivery instalments and interest for two product tankers. Simon Curtis is recommended.
Gateley’s team is ‘always prompt and knowledgeable’, and ‘gets directly to the point of the matter’. It defended the owners and insurers of grain cargoes against claims for general average contributions, and represented time charterers in two arbitrations under a chain of time charter that was cancelled due to an unseaworthy vessel. Nicholas Walser leads the team.
Jackson Parton focuses on dry shipping work, acting on charterparty, cargo and bill of lading disputes, and has a reputation for swiftly obtaining anti-suit injunctions in difficult situations. The team acts for North of England P&I Club and Charterers Club, and recently represented Japanese shipowners regarding the grounding of the Pasha Bulker. Nick Parton and Brian Roberts are recommended.
Mike Lax’s team at Lax & Co LLP represented the claimants in a High Court action regarding a loss of hire under an insurance policy, and acted for Hudson Shipping as owners in a dispute over a contract of affreightment for four separate voyages where the performance of the vessel was guaranteed by Stellar Shipping. Clients include West of England P&I Club and Tankers International.
Mills & Co’s 19-strong practice continues to act for Mediterranean Shipping Company regarding the grounding of the MSC Napoli, and is representing the owners of the Ebrus in a dispute arising out of an early redelivery of the vessel under a time charterparty. The firm regularly acts for a number of P&I clubs. Guy B Mills is the key contact.
Philip Roche’s team at Norton Rose LLP acts for clients such as P&O Ferries, The Standard Club and OSG Ship Management, and is currently advising on the cancellation of a long-term charterparty as part of the insolvency of the Bluestream Group. David McKie, who is ‘always available and gives the best advice’, joined from DLA Piper UK LLP.
Duncan Bateson’s six-partner team at TLT LLP has a reputation for handling dry shipping and superyacht work. The team’s client roster includes names such as Britannia P&I Club, Global Ship Lease and Maersk Line.
Waterson Hicks secured a $20m award for the owners of the Silva after the vessel was detained in Egypt for over two years; and successfully defended Frangos in the Court of Appeal against claims for over $80m. The firm largely acts for Greek shipowners, and is considered ‘good on all parameters’. John Hicks is recommended.
Dominic Ward heads Andrew Jackson’s dry shipping and cargo practice, while Andrew Oliver leads both the sea fisheries and marine environment unit, and the transactional, ship build and finance practice. Highlights included advising on demurrage/detention claims worth over $1m. Clients include Associated British Ports and Sunderland Marine Mutual Insurance.
Arbis LLP focuses on commodities and shipping work in the oil and metal markets, and comes highly recommended for its expertise in charterparty and bill of lading disputes. Brian Isola is highly valued for his ‘diligence and legal excellence’. Mark Aspinall and Martin Wisdom are also recommended.
Birketts LLP is noted for its ability to ‘find the most efficient way to a solution’. The team counts Reliance Industries, Charterers Club and West of England as clients. Nicholas Woo has ‘a wealth of experience’. Former Lawrence Graham LLP partner Neil Everatt joined as a consultant.
Michael Kim’s team at DLA Piper UK LLP acts for a number of Korea’s largest ship-related companies, including Hyundai Merchant Marine, Sambo Shipbuilding and SK Shipping. Recent work includes representing BNP Paribas Fortis in a ship finance dispute, and acting for the charterers of a ship detained by pirates.
E G Arghyrakis & Co’s ‘level of specialist knowledge is first class’ in both wet and dry shipping. Louise Glover is ‘a true expert, with the ability to look at a problem from a tactical and commercial point of view, as well as a legal one’; and George Arghyrakis shows ‘strength and strategy in litigation’.
Elborne Mitchell is noted for its marine liability work, and its experience in handling charterparty and bill of lading disputes. James Sleightholme is a ‘very experienced lawyer with an eye for detail’, and Peter Tribe is also recommended.
Eversheds LLP represents shipowners, charterers and insurer clients concerning dry shipping matters. Stephen Mackin is noted in particular for advising P&I clubs in cases regarding the carriage of liquid cargoes by sea. Clients include Gard P&I, Thomas Miller P&I, and Steamship Mutual P&I.
Kennedys’ team, led by Martin Watson, largely focuses on cases involving hull and machinery insurance, acting for clients such as ACE, AXA and Charterers Club. The firm provides ‘a high level of service on every piece of correspondence/advice’.
Specialist shipping firm Mays Brown, Solicitors focuses on dry shipping work, and acts for P&I clubs, shipowners and operators. Founding partners Joe Mays and Tony Brown are ‘very good’ and highly recommended.
Swinnerton Moore’s track record includes acting in a charterparty dispute that resulted in a decision determining the extent of damages payable on the late redelivery of a vessel, and advising clients such as Diageo and China Ocean Shipping Company. Tony Swinnerton is a key contact.
The group at Watson, Farley & Williams LLP ‘exceeds expectations’. Andrew Savage’s team covers contentious and non-contentious ship finance and shipbuilding matters, and was recently successful in representing Lloyds TSB on the termination of a ship finance lease. Andrew Hutcheon produces ‘structured and convincing arguments’, and Charles Buss is ‘intelligent, with a deep knowledge of the law’. Robert Platt joined from Curtis Davis Garrard LLP.
Weightmans LLP acts for vessel and port operators, cargo traders and insurers. Mike Burns and Terry Donaghy are ‘honed to their clients ’ needs and provide incisive and timely advice’, and Phil James, who joined from Hill Dickinson LLP, ‘brings in-depth knowledge on all aspects of port/shipping business’.
Jonathan Campbell, Alistair Johnston and Julian Clark left Holman Fenwick Willan LLP to set up Campbell Johnston Clark in September 2010, and are expected to do well in the market.