Projects in Scotland

CMS

Acclaimed for its ‘depth, experience and professional knowledge’, CMS serves as advisor on a broad array of big-ticket projects, supporting at each and every stage of their operational lifecycle. Team head Ailsa Ritchie ‘provides strong leadership’ when engaged on health, education, regeneration and defence sector schemes meanwhile Christine Worthington is active in energy, engineering and commercial property endeavours. Eleanor Lane is likewise a name of note, demonstrating particular accomplishment within the transport and maritime sectors, and the team also enjoys significant depth beyond partner level in the form of waste, street lighting and hub education specialist Fiona Scott. The practice has recently noted an uptick in battery storage, hydrogen and economic infrastructure projects work and continues to be heavily involved in 5G infrastructure and decarbonisation schemes.

Practice head(s):

Ailsa Ritchie

Other key lawyers:

Christine Worthington; Eleanor Lane; Michael McAuley; Shona Frame; Jenny Durie; Iona Hunter; Nicholas Carol; Fiona Scott

Testimonials

‘A team with depth, experience, professional knowledge and a very approachable style.’

‘A very reassuring, professional and caring approach. Jenny Durie has been a support to our business for many years: 10 years . Her high standards have been incredibly consistent and more importantly she is a thoroughly decent person.’

‘CMS’s team, led by Alisa Ritchie, provided strong leadership during the commercial stages, supportive approaches to help address client concerns, and a dedicated resource to ensure key program challenges were met. All of this have ensured a robust, well-challenged and documented commercial conclusion, ensuring that our interests always came first.’

‘The team was lead by Alisa Ritchie (partner) and support by Iona Hunter (senior associate) and Nicholas Carol (associate). At all times all the team were fully up to speed with negotiations and always new what was required. As the complex negotiation came to a climax they always ensured our interests were at the forefront of discussion and held firm on important points to us.’

‘Strong team. Keen to understand needs of the client.’

Key clients

Transport Scotland

Scottish Water

Bp

Northern Lighthouse Board

Hub East Central Scotland Limited

Scottish Borders Council

MoD

Zenobē Energy Limited

University of St. Andrews

NHS Greater Glasgow & Clyde

Places for People Leisure (PfPL)

Work highlights

  • Advising Transport Scotland on matters connected with the dualling programme for the A9 between Perth and Inverness – one of Scotland’s largest transport infrastructure programmes with a total budget of c.£3bn.
  • Advising Scottish Water on a broad range of matters including its PFI portfolio of 9 wastewater projects, procurement, construction, disputes, corporate/joint ventures, regulatory matters and property and employment issues. These are extremely complex projects and require a specialist skillset and multi-discipline team.
  • Advising Bp in respect of the joint venture development of a hydrogen production facility to make and sell hydrogen. This innovative project will be Scotland’s first scalable, hydrogen production and distribution facility, making use of the region’s renewable resources to provide truly “green” fuel supply under a Joint Venture structure with Aberdeen City Council.

Pinsent Masons LLP

Pinsent Masons LLP, hailed for its ‘excellent knowledge and grasp of project law’, is active on a mixture of Scottish, UK-wide and international projects, supporting from the initial advisory phase all the way through to delivery and disputes. Stuart Barr leads the local practice and supports all relevant stakeholders on a wealth of transport, energy, water, waste management, education and economic infrastructure projects; he is support by transactional construction lawyer, Michael Allan, who is predominantly active in the energy, engineering and real estate development fields, as well as Victoria Miller who fronts the operational and strategic asset management offering. Legal director Chris Owens is making significant strides within the national student accommodation market.

Practice head(s):

Stuart Barr

Other key lawyers:

Michael Allan; Gillian Frew; Victoria Miller; Chris Owens; Graham Young

Testimonials

‘Depth of experience and knowledge within the firm always surprises us – rare for any of the individuals we deal with to have to research or check the subject matter we are dealing with. Willingness of the team to visit, engage directly and go out of the way to understand our project has also been a distinguishing characteristic of the team.’

‘Stuart Barr – very good knowledge of PFI project requirements.’

‘Excellent knowledge and grasp of projects law combined with progamatic advice on the way forward. Excellent communication and relationship management with all parties in a complex dispute.’

‘Excellent knowledge and analytical skills. Strong communication. Commitment to see an issue through to resolution. Pragmatic advice based on a strong understanding of circumstances.’

‘Having worked with them on transactions on the same side and also the opposite side I am confident in saying that the team is extremely strong.’

‘Gillian Frew (partner) – Gillian is one of the friendliest and most approachable partners in the market. She is able to very confidently and constructively negotiate with her counterparts at other firms.

Michael Duffy (senior associate) – Michael is extremely knowledgeable about the sector, a great negotiator and he is also able to explain complex legal issues in simple terms. Michael takes ownership of things and really gets under the skin of the key issues very quickly which gives you a huge amount of confidence as a client. On top of all of this he is my favourite lawyer to work with due to his down to earth attitude and constant open communication.’

Key clients

Morgan Sindall plc

Edinburgh Trams Limited

Balfour Beatty plc

Galliford Try plc

Aberdeen Standard Investments

Kajima Partnerships Limited

Aviva

Foresight Group

Saur Services (Glasgow) Limited

Hub South West Limited

Robertson Capital Projects

University of York

University of Essex

Royal Holloway, University of London

University of Birmingham

London School of Economics

Kingston NHS Hospital Trust

Drax Generation Limited

National Westminster Bank Plc Allied Irish Banks and Banco Sabadell

University of London

Ministry of Justice

Transport Infrastructure Ireland

City of Edinburgh Council

Aberdeen Harbour Board

Integrated Health Solutions Lothian

ELWA Limited

Aberdeen Roads Limited

Equitix Limited

Hub South West Scotland Limited

Dalmore Capital Limited

Healthcare Centres PPP Limited

Arcus Infrastructure Partners

Diamond Transmission Hornsea One Limited

Work highlights

  • Advised Equitix Limited and Sisk PPP Investments Limited (the sponsors) as preferred bidder in relation to this 14 site PPP Scheme being procured by the Irish Health Services Executive. Advice extended from tender strategy and support, through all aspects of the project (construction, operation, financing, corporate, employment etc).
  • Serving as projects lawyers for the Aberdeen Harbour Expansion Project (South Harbour -Nigg Bay) project, the largest marine infrastructure project underway in the UK, and the largest in Trust Port history.
  • Representing the project company, Integrated Health Solutions Lothian, in a public inquiry which was announced in summer 2019 by the Health Secretary.

Brodies LLP

At Brodies LLP, the infrastructure practice draws together public law, project finance, project procurement and project deliver capabilities, providing a full lifecycle service. Drysdale Graham caters to project sponsors, and their funders, throughout the UK and Ireland, recently acting on standout schemes within the healthcare and higher education sectors; he co-leads the practice jointly with Michael Stoneham who is active on finance and due diligence arrangements within the education, accommodation, water, transport and housing sectors. The practice is also reputed for its district heating and renewables work and is also active in the social accommodation field, a particular forte of senior associate Stuart Murray.

Practice head(s):

Drysdale Graham; Michael Stoneham

Other key lawyers:

Roger Cotton; Sarah-Jane McArthur; Stuart Murray

Testimonials

‘We work with Stuart Murray. Stuart has an in-depth knowledge of the hub framework and other infrastructure procurement routes. Stuart also has an engaging personality and is a pleasure to work with.’

‘I have worked closely with Drysdale Graham, Stuart Murray and Sarah-Jane McArthur. I have found them very user friendly. Great in dialogue. Very professional, Very informed of the sector and able to give clear and concise advice’

‘The Brodies project team is well suited to advising public sector clients and is able to provide a wide range of specialist input in a well integrated manner. They have a very good breadth and depth of knowledge that is well conveyed to the client.’

‘Drysdale Graham and Stuart Murray are hugely experienced and knowledgeable. They are always available to assist and provide advice in a very understandable way to the client.’

‘Best Scots law firm. Always my first choice go-to firm.’

‘Strong skills where you need them – real estate, projects, and associated project matters relevant to renewables and other projects. Good understanding of the financing context, so the firm works well in combination with an English law financing.’

‘Michael Stoneham – A true gentleman and someone you can trust.

‘Brodies is the only legal advisor we would consider using for our projects. The level of expertise and commitment to delivering on our requirements is second to none and provides excellent value.’

Key clients

Equitix

Sisk PPP Investments Limited

Hub South East Scotland Limited

Aberdeen City Council

Robertson Construction

Galliford Try Investments

Nord LB

European Investment Bank

Midlothian Council

Apleona PPP Limited

BAM Construct UK Limited

Dumfries and Galloway Council

North Lanarkshire Council

Perth & Kinross Council

Work highlights

  • Advising the funders of the EquiSisk Consortium (preferred tenderer) on the Irish Health Service Executive Community Nursing Units PPP project.
  • Advising Aberdeen City Council on Berryden Corridor Improvement Project and on the procurement of two schools projects – Countesswells Primary School and Torry Primary School /Community Hub.
  • Appointed sole legal advisor to Hub South East on design and build projects, with value c.£150m.

Burness Paull LLP

Burness Paull LLP has been engaged on several high-end West- and South-hub projects of late and is headed by Chris Mackay, a public sector specialist with a track record in hospital and education schemes; he is also famed for his expertise of ports, harbours, airports and rails and is supported by Gavin Paton, an expert in secondary market project finance deals, as well as James Forbes who provides the group’s construction knowhow. Chris Horsley, who recently made director, is a standout name at the junior-end, having developed specific expertise in PFI/PPP, healthcare, education and transport matters.

Practice head(s):

Chris Mackay

Other key lawyers:

Gavin Paton; James Forbes; Chris Horsley

Testimonials

‘Good grasp of technology and able to bring in experts in the key fields to assist.’

‘Chris MacKay and the team work well together as a team and are able to convey information very well, and communicate with us regularly to keep us fully informed.’

Key clients

NHS Lothian

Perth & Kinross Council

Highlands and Islands Enterprise

hub West Scotland Limited

Hub Community Foundation

Scottish Futures Trust Limited

Scot Roads Partnership Project Limited

Scottish Enterprise

University of St Andrews

Scrabster Harbour Trust

Galliford Try Construction (UK) Limited

Graham Construction

Ancala Water Services

Van Oord

Highland Spring Limited

Galliford Try FM

Port of Cromarty Firth

Work highlights

  • Advising hub West Scotland Limited on a DBDA project to develop the largest health centre in Scotland – a new £50m North East Health Hub near Parkhead, Glasgow.
  • Advising Perth & Kinross Council on two significant DBDA projects with hub East Central Scotland, including the new £62m Perth High School and a £25m refurb of Blairgowrie Recreation Centre.
  • Advising Highlands & Islands Enterprise on the procurement and construction of the Life Sciences Innovation Centre, consisting of a teaching and research facility for the University of the Highlands and Islands and commercial space for Highlands & Islands Enterprise.

Dentons

Dentons operates on a local, domestic and international scale from its Edinburgh office, ‘going above and beyond’ to lend its expertise on a wealth of different projects matters. Euan Wilson is particularly accomplished in the field of PFI/PPP secondary market transactions, serving as practice co-head alongside Stewart Maciver, a lawyer whose core strengths include asset management and primary market deals. Andrew Orr is the other key partner within the group and leverages a track record in energy, healthcare, housing, transport, waste and education projects, among others.

Practice head(s):

Euan Wilson; Stewart Maciver

Other key lawyers:

Andrew Orr

Testimonials

‘Commercially-focused advice.’

‘Dentons consistently demonstrate that they have genuine empathy with the client and behave in a commercial, practical way. This is going above and beyond technical legal advice and is a real added value distinction compared to other advisors.’

‘We feel confident that they understand our business and what we are trying to achieve when issues arise, knowing they have the resources to deal with issues when we call.’

‘Euan Wilson – we value his ability to cut quickly to the what the real issue is and to structure a solution.’

Work highlights

  • Advising over 51 PFI project companies on the amendments necessary to their project finance loan documents and associated interest rate hedging swaps which have arisen from the FCA/Bank of England’s move away from permitting use of LIBOR as a reference rate for UK loans.
  • Acting as project counsel for the c. £4bn project development of the Acorn Carbon Capture & Storage project in Scotland.
  • Following a competitive procurement process, appointed to advise the Ministry of Defence (MOD) on the c. £10bn, 11-Lot re-procurement of its maritime services contracts.

DLA Piper

Geared to support on ‘Scots law, English law and international projects’, DLA Piper’s Edinburgh office is home to the ‘exceptional’ Lillian Mackenzie; she leads the national projects group, acting on both publicly and privately led projects, particularly those within the social infrastructure space. Legal director Charlene McLaughlan is the other key name locally and is especially well versed in operational PPP project mandates within the health, roads, waste, justice and education sectors.

Practice head(s):

Lillian Mackenzie

Other key lawyers:

Charlene McLaughlan

Testimonials

‘Charlene McLaughlan and her team are all very helpful, knowledgeable and very approachable.’

‘A very personalised serviced delivered by DLA who very quickly recognise their clients expertise and requirements and tailor their own support accordingly. Deep sector knowledge coupled with a pragmatic approach.’

‘Lillian Mackenzie is widely recognised as having an exceptional understanding of the sector and the complexities of the legal structures employed in the Infrastructure sector. A natural leader and likely to become a key team member in most situations.’

‘The DLA Piper Projects team is exceptional and always delivers work on time, in an efficient and productive manner. The team in Edinburgh are extremely friendly and I enjoy working with them whenever possible on our company’s PFI, procurement and contractual matters, which they’re always willing and helpful in assisting us with. They specialise in both Scots law, English law and international project related matters.’

‘Lillian Mackenzie is very capable, diligent and skips straight to the chase – she is direct in approach and friendly to work with, always responding on time and delivering efficient and valuable legal advice. Our wider UK legal team in particular took great value from Lillian’s insightful and in-depth training on PFI expiry and handback/handover procedures in PPP projects.’

‘Charlene McLaughlan is an expert in her field and gave us in-depth and invaluable legal advice in a difficult PFI issue were experiencing – Charlene put our company at ease and stayed in constant communication throughout the matter.’

‘Capable. excellent market knowledge. Always available and quick turn around and very clear advice.’

‘Lillian Mackenzie; very organised, knowledge, and responsive. Very confident and consistent on positions Charlene McLaughan; great output, accurate and always on time despite very tough deadlines.’

Key clients

City of Glasgow Council

Welsh Government

Velindre University NHS Trust

Biffa

Work highlights

  • Advising Velindre University NHS Trust on its £562m pathfinder MIM healthcare project, currently at dialogue stage, involving the design, build, finance and maintenance of a new Cancer Centre.
  • Advising Biffa Waste Services Limited as the preferred bidder appointed to deliver the Deposit Return Scheme in Scotland.
  • Continuing to advise City of Glasgow Council on its £200m operational waste PFI project.

MacRoberts LLP

MacRoberts LLP is home to a ‘great breadth of service and experience’, operating across a varied array of PFI, PPP, NPD, MIM, LIFT, hub and DBFM projects. Rod Munro ‘meets all the requirements’ when engaged on accommodation, energy, renewables, hospital, education, rail, roads, waste and defence-related projects; he heads the practice which is bolstered by the public sector project expertise of Duncan Osler, as well as Jennifer McKay who brings 19 years worth of disputes experience to the table. Director Ben Powell is also active in this space, handling financings across the full array of major infrastructure projects.

Practice head(s):

Rod Munro

Other key lawyers:

Duncan Osler; Jennifer McKay; Ben Powell

Testimonials

‘Great breadth of service and experience. Great knowledge of the projects market and current issues/solutions.’

‘Rod Munro and Ben Powell  – Calm, efficient, extremely experienced, very good at identifying issues and implications very quickly.’

‘The team at MacRoberts are always helpful, friendly and supportive and are always willing to liaise together to ensure the best possible client advice is given.’

‘I have worked with a number of MacRoberts staff over several years and would struggle to find fault with any of them. I would highlight the following members of the team who always go over and above to ensure they get the job done.’

‘This practice is unique as they are extremely helpful, nothing is too much trouble but they also have that human element and are always a pleasure to do business with.’

‘Rod Munro – We have always been extremely satisfied with the service we receive and would not consider using another lawyer as they meet all of our requirements.’

Key clients

Scottish Government

NHS Lothian

NHS Highland

NHS Tayside

NHS Orkney

NHS Lanarkshire

Glasgow City Council

Transport Scotland

Scottish Prison Service

Police Scotland

The Edinburgh Schools Partnership (Abrdn; Dalmore; Semperian)

3ED Glasgow Limited (Abrdn; Dalmore; Semperian)

ECG Facilities Services Limited

Lloyds Bank

M&G

Claymore Roads Limited (Morgan Sindall Investments; InfraRed)

E4D&G Limited (Amey Venture); Currie & Brown Investments)

The Renfrewshire Schools Partnership (Amey Ventures; Abrdn; Infrastructure Investments)

Robertson Group

Shanks

Scottish National Investment Bank

Scottish Water

SSE plc

Work highlights

  • Acting for NHS Lothian in multiple disputes with the PFI company, Consort Healthcare, the project company on the Royal Infirmary of Edinburgh PFI Project.
  • In January 2022, the team was appointed to advise NHS Lanarkshire on all legal aspect for the procurement and development of the new Monklands Hospital Project – the design, construction and commissioning of a new circa 450-bed acute hospital to replace the existing hospital in Airdrie.
  • Provided procurement and commercial advice to the Scottish Government in respect of its requirement to re-procure a Provider for Hard Facilities Management (FM) and soft FM services and related project services covering its entire operational estate across Scotland.

Shepherd and Wedderburn

Shepherd and Wedderburn caters to a mixture of procuring authorities, sponsors, funders and sub-contractors, supporting at all stages from initial procurement through to financial close, operation and disputes. Stephen Colliston, a lawyer well-versed in waste, healthcare, education, transport, street lighting and local authority projects, leads the practice, working in tangent with Nigel Sievwright whose track record covers PPP, PFI, NPD and hub models.

Practice head(s):

Stephen Colliston

Other key lawyers:

Nigel Sievwright

Testimonials

‘We have close relation with S&W for the last 5 years and they have got our company’s main principles, red flags, deal breaks and where to focus attention and efforts from a contractual/commercial point of view. So rather than being an external advisor, it seems that you are working with an extension of the company’s legal department.’

‘Very good performance and very respectful with the company’s decisions and backing up and defending such decisions.’

‘Excellent people with expertise and approach ideally suited for providing support during contractual disputes and in achieving good outcomes.’

‘A strong team with a well established presence in the Scottish marketplace and a good knowledge base.’

‘We had a particularly difficult timescale in achieving a significant variation on site and it was Nigel Sievwright and the team at S&W that not only preserved the legal integrity of the process we needed to follow, but also provided management assistance.’

‘Nigel Sievwright is excellent in communication, management and contributions.’

Key clients

Consort Healthcare (Blackburn) Limited

South Ayrshire Council

West Lothian Council

Government of Jersey

Nord/LB Consort Healthcare (Birmingham) Limited

Northumbrian Water plc

Acciona Industrial S.A.

Highways Management (Scotland) Limited

Acciona Industrial UK Limited

City of Edinburgh Council

Work highlights

  • Advised Acciona Industrial S.A. on the EPC Contract for the North London Energy Recovery Facility.
  • Advised South Ayrshire Council on the close of five DBDA contracts for significant new education facilities and other infrastructure.
  • Advised Consort Healthcare Blackburn Limited on several hospital improvement variations to the Royal Blackburn hospital project.

Anderson Strathern

At Anderson Strathern, the practice has forged a particularly prominent reputation within the public sector and is home to the ‘very impressiveKaryn Watt, a lawyer with 30 years worth of experience in major infrastructure projects. Martin Whiteford is also of particular importance to the team, leveraging particular expertise in procurement strategies and renewable energy.

Practice head(s):

Karyn Watt; Martin Whiteford; Pat Loftus; Alastair McKie; Gillian Jamieson; Audrey Cameron

Testimonials

‘In my experience the team, and Karyn Watt in particular, are extremely able legally, hard working, and provide sound commercial advice.’

‘Karyn Watt is very impressive. She is very able legally, extremely hard working, fights her client’s case hard and combines that with a sound grasp of commercial realities.’

Key clients

Victoria Square Woking Limited, Woking Borough Council, Moyallen Woking Limited and Woking Town Centre Management Limited

University of the Highlands and Islands

Inovyn & Ineos

Vento Ludens Limited

Axcel Hospitality Management

Shetland Space Centre Ltd

Buccleuch Group

Peter D Stirling Ltd and Trustees of I D Meiklam

Fife Council

Work highlights

    Harper Macleod LLP

    The team at Harper Macleod LLP is adept in Scottish hub, operational, PPP, PFI, student accommodation and housing projects, among others. Practice head Euan Pirie has also recently overseen a handful of PFI hospital schemes meanwhile senior associate Catriona Kemp is carving out a prominent reputation for her work on the financing and corporate law aspects of projects.

    Practice head(s):

    Euan Pirie

    Other key lawyers:

    Catriona Kemp

    Testimonials

    ‘An exceptional level of in-depth projects knowledge, combined with a diverse team and way of thinking.’

    ‘Euan Pirie and Catriona Kemp are both exceptional and worthy of note.’

    ‘Harper Macleod have a depth of knowledge and experience that they used to the benefit of my project.’

    ‘Euan Pirie used his vast experience in the construction sector to successfully draft the numerous agreements, contracts and governance documents required. His sector knowledge is the key to the anticipated success of the project.’

    ‘They are my go to lawyers for support on Scottish projects. They provide, timely cost effective advice with pragmatism running through it. They are very easy to deal with when we co-counsel with them on transactions and are committed to advising a seamless service to clients – there’s no ego, just a commitment to providing the best service possible. I have no hesitation in recommending them to clients.’

    ‘Euan Pirie really knows the Scottish PPP market inside out and uses that knowledge to provide pragmatic solutions. He’s a pleasure to deal with.’

    ‘Catriona Kemp is really strong on secondary market transactions. She is adept at protecting her client’s interests, whilst building strong working relationships with those working opposite her – it’s a really effective combination.’

    ‘Catriona Kemp – great knowledge, excellent project management, extremely diligent and responsive’.

    Key clients

    Ayrshire and Arran Health Board

    City of Edinburgh Council

    Fife Council

    Forth Health Limited

    Glasgow City Council

    Hub North Scotland Limited

    Kingdom Initiatives Limited

    Lanarkshire Health Board

    National Library of Scotland

    North Ayrshire Council

    NYOP Education (Aberdeen) Limited

    Stirling Council

    University of St Andrews

    Work highlights

    • Advising North Ayrshire Council on 3 inter-connected projects intended to drive substantial regeneration in Ardrossan. They comprise a major ground de-contamination/remediation and sea wall civils projects, one of Scotland’s largest PassivHaus projects (Ardrossan Community Campus) and a significant extension to an existing marina.
    • Advising NHS Lanarkshire on multiple complex and high value proposed variations under the PFI Contracts relating to the PFI Contracts for University Hospital Hairmyres and University Hospital Wishaw. The matters under discussion are a real test of our practice leader’s 23 year continuous involvement in advising on revenue financed projects.
    • Advising hub North Scotland Limited on financial close of the Countesswells Primary School DBDA project. Work involved agreeing the 53rd and 54th design and build contracts entered into by the client.