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Who Represents Who

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CMS has an outstanding track record acting for public sector bodies, private sector bidders and funders in high-value and high-profile projects involving all models of infrastructure delivery, including PFI/PPP, non-profit distributing (NPD) and hub projects (across all five hub territories in Scotland). Practice head Ailsa Ritchie recently led a team acting for Nord LB as the senior funders in four design build finance maintain (DBFM) school projects in the hub South West Scotland territory, and also handled the restructuring of the Greenfaulds High Street project ahead of new Eurostat guidance on PPP projects. In another highlight, a team including Eleanor Lane, Lynsey Brown and senior associate Amy Norton assisted Strathclyde Partnership for Transport with the procurement of rolling stock, a new signalling system, a new control system and a depot (among other assets) for the Glasgow Subway Modernisation Project. Also recommended are Amanda Methven, who has more than 16 years of infrastructure and PPP projects experience in sectors such as health, transport and waste water; Michael McAuley, who specialises in acting for public authorities in large-scale and complex procurements; Shona Frame, who is recommended for disputes arising from PFI/PPP projects; and Christine Worthington, who regularly handles the construction aspects of PPP/PFI contracts. Fiona Scott, Davinia Cowden and Jenny Walker are experienced senior associates in the team.

MacRoberts LLP’s multifaceted practice handles high-profile and complex NPD/PFI/PPP projects, as well as hub projects, and has a prominent position on the Scottish government’s panel, where it undertakes advisory work on major projects. The practice’s reach also extends beyond Scotland, with the firm recently being shortlisted to advise the Welsh government on its PPP projects. The firm has longstanding reputation in infrastructure projects, where it acts for clients including public sector bodies, funders, sub-contractors and sponsors; in an illustration of its infrastructure prowess, a team including practice head Rod Munro, Duncan Osler and Gillian Campbell are acting for NHS Orkney on the groundbreaking Orkney Hospital NPD project, which involves advising the client as the procurer and senior funder. The firm is also acting for Fife College on the NPD procurement associated with the development of new college facilities. In addition to handling non-contentious work, the team also assists clients with disputes arising from projects; it is acting for Edinburgh Schools Partnership (the project company on the first Edinburgh schools PFI project) in an inquiry into construction defects at a number of local schools. Other clients include Angus Council, Carillion, Equitix and Bilfinger Andrew Orr joined Maclay Murray & Spens LLP.

Pinsent Masons LLP routinely acts on the most high-profile and significant infrastructure projects in Scotland and the UK, as well as matters further afield in Europe and beyond. Led by Michael Watson, the team acts for a mix of clients, including public sector bodies, funders and private sector bidders, with expertise in various types of projects, including NPD/PFI/PPP/hubs; healthcare, education, roads, renewables and oil and gas are all areas of strength. In an illustration of the practice’s project financing capability, Gillian Frew (who acts for lenders and borrowers on projects spanning a wide range of sectors) acted for Allianz as bondholder and EIB as letter of credit provider on the N25 Road Project in Ireland. In other highlights, Stuart Barr is leading a team advising Robertson Capital Projects on the Orkney Hospital NPD project; he is also acting alongside Wendy Nicolson in projects arising from the hub programme, including the £32m West Calder High School DBFM project. The team is also acting as project lawyers to Aberdeen Harbour Board in the Aberdeen Harbour expansion project. Partner Victoria Miller and senior associates Chris Owens and Sophie Black are other names to note.

Burness Paull LLP has an extensive track record acting on a range of projects for public sector bodies, private sector bidders and funders, spanning sectors such as education, healthcare, waste and roads. The team’s varied workload covers procurement advice, including challenges to bids, property-related advice, product liability and disputes arising from projects (including construction disputes). In 2016, Chris Mackay acted as the lead adviser to NHS Lothian on a DBFM project to establish a new community hospital in Haddington, and acted alongside senior associate Chris Horsley on Falkirk Council’s project to build a new support needs facility. The team is also handling a DBFM project for hub West Scotland in relation to new health centres in the Gorbals and Woodside areas of Glasgow. Other clients include Weir Group, City of Edinburgh Council and Bellrock Property & Facilities Management. Gavin Paton assists clients with a range of matters, including procurement strategies and contract drafting/implementation, and is experienced in handling projects involving various commercial models, including PFI/PPP, hybrid, hub, NPD and LIFT.

Maclay Murray & Spens LLP acts for private sector sponsors and funders on all types of projects, including those involving roads, education, health, renewables and waste. The firm undertook a particularly significant amount of work for Aviva Public Private Finance in 2016; one matter involved acting for the client in the Baldragon Academy project. In the secondary projects market, the team advises clients such as 3i, Dalmore Capital and Sir Robert McAlpine on their investments into projects, as well as divestments, refinancings and restructurings. Stewart Maciver and David Young acted for Dalmore Capital on its acquisition from Lendlease of a 50% stake in a general partner vehicle that manages a £200m UK infrastructure fund. Euan Wilson leads the team, which was significantly strengthened by the arrival of Andrew Orr from MacRoberts LLP; he brings extensive experience in infrastructure finance transactions, including PFI/PPP and energy projects. Director Sandra Hartley and associate Gareth Tenner are other notable practitioners.

Shepherd and Wedderburn covers a range of projects for public sector bodies, private sector bidders and funders. Projects involving district heating schemes are a notable growth area of the practice; Gareth Parry and practice head Rhona Harper are acting for West Dunbartonshire Council on the procurement of a water source heat pump district heating system at Queen’s Quay regeneration site in Glasgow. In another standout matter, Harper and Euan McLeod led a cross-practice team assisting City of Edinburgh Council with all legal aspects of the St James’ Quarter Growth Accelerator Model project; the team provided support on multiple issues, including state aid, construction, corporate and procurement. Stephen Colliston led the advice to Nord/LB on the £75m funding of the new East Lothian Community Hospital project. The team is also increasing its exposure to secondary market transactions and disputes associated with projects. Other key figures include Nigel Sievwright, who particularly specialises in health and education projects and handles operational issues such as latent defects. In 2016, John Gallacher joined from HBJ Gateley and Jamie Grant joined from MacRoberts LLP. Senior associate Euan Murray and associate Sarah Channin are also recommended.

Brodies LLP acts for a varied client base including sponsors, investors, banks, utilities and public bodies. The firm is particularly active in renewable energy projects, where its work spans combined heat and power (CHP) and district heating schemes, wind farms, solar projects and hydro schemes. Keith Patterson has expertise in project finance, transactional matters (including contracts for difference and grid-sharing arrangements) and development. The firm also handles infrastructure projects in the education, transport, waste, water and healthcare sectors. Jackie McGuire is leading a cross-practice team, including Roger Cotton, Odell Milne and Karen Hamilton, for Renfrewshire Council on a new train-tram link from Glasgow City Centre to Glasgow Airport. A particular strength of the firm’s offering is in infrastructure finance, as illustrated by its advice to Aberdeen City Council on a £370m index-linked bond issue to finance part of its £1bn capital and infrastructure investment programme. Other recommended individuals are Alistair McLean, Michael Stoneham, Sarah-Jane McArthur and associate Ali Rimell. Drysdale Graham joined from Pinsent Masons LLP.

DLA Piper Scotland LLP acts for public and private sector clients in projects involving industries such as energy, transport, healthcare, and education. Stuart McMillan has a particularly strong track record in project finance transactions, where he acts for banks, borrowers, corporate clients and local authorities. Other names to note are Sharon Fitzgerald, who has procurement and commercial contracts expertise, and Lillian Mackenzie, who regularly acts for bidders, funders and public authorities in NPD/PFI/PPP projects. Mackenzie is assisting the Welsh government with the development of a standard suite of PPP procurement documents, and is acting for the same client on the new Velindre Cancer Centre PPP project. In another matter for the Welsh government, Fitzgerald is acting in the A465 road dualling PPP project. Emerging markets related energy and infrastructure projects are another pillar of the practice; McMillan and legal director Michael Urquhart acted for Green Africa Power in negotiating a €20m project finance facility for the construction of a 20MW photovoltaic solar power plant in Senegal.

Harper Macleod LLP has a particularly strong track record in projects procured through the Scottish hub initiative; in 2016, the firm advised on the financial close of a significant number of separate hub projects. In one notable highlight, practice head Euan Pirie assisted hub North Scotland with achieving financial close on a hub project related to the development and maintenance of new health centres at Foresterhill (in Aberdeen) and Inverurie. Elsewhere, the practice generates a significant amount of work in the student accommodation sector; Euan Mitchell was the lead adviser to service provider Derwent Living on three student accommodation projects in 2016. Other areas of strength include NPD/PFI projects and civil engineering projects. It also excels in PPP secondary market transactions; Pirie and associate Catriona Kemp acted for Hochtief PPP Solutions on its £22.7m sale of Hochtief PPP Schools Capital Limited (a company holding interests in six education-sector PPP projects located in the UK and Ireland) to HICL Infrastructure Company.

Anderson Strathern handles projects involving transport, housing and urban regeneration, as well as rural development projects. As the sole Scottish legal adviser to the Crown Estate, the firm also undertakes a significant number of offshore renewable energy projects. Education is another core area of strength; the firm’s client base includes establishments such as Edinburgh Napier University and the University of Highlands and Islands. Other clients include public sector bodies, such as Fife Council and Transport Scotland, and national housebuilders. The firm also acts for the Scottish government. Martin Whiteford assisted INEOS with all construction documentation related to its new headquarters at Grangemouth, and has been acting for Apex Hotels on the funding and construction of a new hotel development in Bath. EU procurement expert Karyn Watt leads the team, which includes construction specialist Pat Loftus, renewable energy head Bruce Farquhar, Audrey Cameron, and Douglas McLachlan.

DWF’s Scotland-based group ‘combines excellent industry knowledge with an open-minded approach, and an ability to work well as part of a larger team’. It leverages its UK-wide network office and multi-disciplinary strength in depth, making it a strong choice for Scottish and UK projects. In the telecommunications sector, Suzanne Moir, Martin Gallaher and others are acting for the Scottish government on its superfast broadband projects. Other areas of strength include transport, renewable energy and waste. Moir is leading a team assisting Dundee City Council and Angus Council with their joint procurement of residual waste management services. In another highlight, David Gilchrist led the advice to Discovery Park Limited on a 20-year energy supply agreement with Estover, and its £160m investment in a new biomass plant in Sandwich.

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