The infrastructure and project finance team at CMS is well known for its handling of high-profile, big-ticket projects in Scotland and further afield internationally. It has a focus on the transport, utilities and public sectors, and is involved in a large number of Scotland-wide hub projects. Under the leadership of Ailsa Ritchie, the practice continues to advise public sector bodies, investors and funders on a range infrastructure projects. Christine Worthington is recommended for construction matters, with a focus on the public and education sectors. Michael McAuley handles project finance, corporate joint ventures and state aid matters.
Projects in Scotland
CMS
Practice head(s):
Ailsa Ritchie
Other key lawyers:
Michael McAuley; Christine Worthington; Jenny Durie; Amanda Methven
Testimonials
‘The team provides practical, relevant and timely responses to legal issues in a friendly manner.’
‘CMS team, led by Alisa Richie, provided strong leadership during all commercial stages, supportive approaches to help address stakeholder concerns.’
‘CMS always provide a very collaborative approach to commercial matters, ensuring areas of contention were resolved to our satisfaction.’
‘A realistic approach to advice, and up front and honest on fees; there are generally no surprises.’
‘CMS are always looking to develop their team with junior members attending reviews and meetings.’
‘CMS are always looking to improve their service and the use to technology over the last year has fantastic.’
‘For everyone the last year has been a challenge, but there has been no drop in the quality of services provided and the switch to digital meetings and reviews has been faultless.’
‘The team at CMS have gone over and above to ensure that we are provided with high quality legal services broken down into a language we can understand.’
Key clients
Transport Scotland
University of St. Andrews
Scottish Water
NHS Greater Glasgow & Clyde
Moray Council
Argyll & Bute Council
Aberdeenshire Council
Places for People Leisure (PfPL)
SSE and Equinor
Renfrewshire Council
Interserve
City of Edinburgh Council
Work highlights
- Advising Transport Scotland on matters connected with the dualling programme for the A9 between Perth and Inverness – with a total budget of c. £3bn.
- Advise 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.
- Acting for Interserve on the high-profile dispute in respect of the issues arising from the delayed Glasgow Recycling and Renewable Energy Centre.
Pinsent Masons LLP
Pinsent Masons LLP is able to leverage its international network for support in cross-border mandates and it often acts for clients in the energy, infrastructure and real estate development spaces. It handles the full life-cycle of projects, with work ranging from procurement, and the advisory and delivery phase, to post-completion disputes. The team is jointly led by Stuart Barr in Glasgow, Edinburgh-based partner Michael Watson and Stephen Tobin in London. Barr is recommended for commercial and transactional work, while Watson handles construction projects for blue chip corporations.
Practice head(s):
Michael Watson; Stuart Barr; Stephen Tobin
Other key lawyers:
Gillian Frew; Michael Allan; Victoria Miller
Key clients
Morgan Sindall plc
Edinburgh Trams Limited
Highways England Company Limited
Balfour Beatty plc
Allianz Global Investors GMBH
Galliford Try plc
European Investment Bank
BAM PPP Ireland
Iridium Concesiones de Infraestructuras SA
Obrascon Huarte Lain (OHL)
Equitix Limited
Dalmore Capital Limited
Aberdeen Standard Investments
Kajima Partnerships Limited
Avivia
Foresight Group
Saur Services (Glasgow) Limited
Hub South West Limited
Robertson Capital Projects
Aecom Limited
University of York
University of Essex
Equitix/Engie
Equitix
Royal Holloway, University of London
University of Birmingham
London School of Economics
Kingston NHS Hospital Trust
Drax Generation Limited
National Westminster Bank plc
University of London
Work highlights
- Acting for Dalmore Capital as lead legal adviser on operational PFI projects.
- Advising Winchburgh Developments Limited (a joint venture between West Coast Capital and CALA Homes) on the drafting and negotiation of the construction contracts for the establishment of this development.
- Advised Equitix Limited and Forth Holdings (Support Services) Limited in connection with its bid to be appointed the Welsh Government’s private sector delivery partner for the Welsh Education Partnership long term delivery model.
Brodies LLP
The infrastructure team at Brodies LLP is well regarded for its public law, project finance, project procurement and project delivery experience. It has particular expertise in the social accommodation, district heating and energy from waste sectors. The group has been advising procurers, sponsors, funders and contractors on issues raised by the COVID-19 pandemic recently. The practice is jointly led by Drysdale Graham and Michael Stoneham, who has considerable experience in PFI and PPP projects. Senior associate Stuart Murray is experienced in public sector projects, particularly work relating to Scotland's hub programme.
Practice head(s):
Drysdale Graham; Michael Stoneham
Other key lawyers:
Roger Cotton; Sarah-Jane McArthur; Stuart Murray
Testimonials
‘Brodies provide a very proactive service, focused on the needs of the client.’
‘They are focused on positive outcomes and build positive relationships which foster great communication.’
‘They are very responsive and flexible in dynamic situations and on top of the law that applies in each situation.’
‘The individuals we deal with build positive relationships that help foster clear and positive communications.’
‘They are proactive in assisting clients in identifying cost-effective and pragmatic solutions to issues.’
‘Sarah-Jane McArthur is exceptional in delivering focused advice that gets to the heart of the issue and identifies clear options for the client.’
‘Michael Stoneham seems to have been around longer than the hills and is a phenomenal ambassador for the practice.’
‘I enjoy working with Stuart Murray, as I find him very knowledgeable and always willing to work out practical solutions.’
Key clients
Hub South East Scotland Limited
Equitix
Nord LB
Galliford Try Investments
Sisk PPP Investments
Aberdeen City Council
Aberdeen Standard Investments
Abellio
Midlothian Council
Apleona
Work highlights
- Advising the funders of the EquiSisk consortium on the consortium’s bids for the Irish Health Service Executive Community Nursing Units and Higher Education Bundle 1 PPP Projects.
- Advising hub South East Limited on its £60m Winchburgh Education Campus Project.
- Advising Midlothian Council on procuring Vattenfall as an energy partner.
Burness Paull LLP
Burness Paull LLP has a strong track record in project finance transactions in the domestic market and it also excels in IT and communications-related projects. Also notable is that the firm's recent work covered the development of healthcare infrastructure and the expansion of Scottish ports, as well as updating education facilities and transport connectivity. In addition, the firm was also prominent in a number of high-value disputes. Practice head Chris MacKay is a name to note for public sector projects and construction disputes. In addition, other key individuals include Caroline Maciver and Chris Horsley, who were recently promoted to partner and director respectively. Horsley is experienced in PFI and PPP infrastructure projects. Stephen Phillips retired in 2020.
Practice head(s):
Chris Mackay
Other key lawyers:
Gillian Harkness; Chris Horsley; Fenella Mason; Caroline Maciver
Testimonials
‘Fenella Mason has a clear understanding of the relevant issues and is able to work efficiently with us.’
Key clients
NHS Lothian
Falkirk 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
John Graham Construction Limited
Ancala Water Services
Hampden Park Limited
Highland Spring
Work highlights
- Advising hub West Scotland on the SPV in relation to COVID-19 delays to construction relating to Greenock Health & Care Centre; Stobhill Hospital; and Clydebank Health & Care Centre; as well as acting on a phased DBDA project to develop a new North East Health Hub on a site near Parkhead, Glasgow and the first hub West affordable housing project.
- Continuing to provide ongoing project contractual support to Port of Cromarty Firth in connection with the £31m Phase 4 Development of Invergordon Service Base, including in relation to the impact of the Covid-19 Pandemic and significant delays encountered during construction
- Advising NHS Lothian on the urgent delivery of a number of mass vaccine centres in the Lothians.
Dentons
Dentons, which is active in the public and private sectors, counts lenders and investors as key clients. The practice handles a mix of both domestic and international mandates, and is particularly experienced in operational change and asset management matters. Team head Euan Wilson (who is dual-qualified to practise in Scotland and England and Wales) is recommended for large infrastructure and project finance transactions, with a focus on the secondary market. Andrew Orr is recommended for PFI and PPP projects.
Practice head(s):
Euan Wilson
Other key lawyers:
Andrew Orr; Stewart MacIver
Testimonials
‘The team offers honest, commercial advice.’
‘They are approachable and easy to work with.’
Key clients
3i
Dalmore Capital
Sir Robert McAlpine
Aviva Public Private Finance
Network Rail
Infrastructure Managers Limited
Robertson Capital Projects
Morgan Sindall Investments
Semperian
Blue Transmission
Envac UK
ISS Mediclean
Transport for London
Choice Housing
Oaklee Housing
Department for Education
Bouygues / Axione
World Bank
Work highlights
- Acted for Semperian in acquiring a 33.33% interest in the Aberdeen Western Peripheral Route NPD (non-profit distributing) project from a Carillion entity.
- Following a competitive procurement process, appointed to advise the Ministry of Defence (MOD) on the c. £10 billion, 11-lot re-procurement of its maritime services contracts.
- Advised Department for Education on its Institutes of Technology project.
DLA Piper
At DLA Piper, the Scottish financing, projects and restructuring team works on a wide variety of high-profile matters domestically and internationally, with clients ranging from Glasgow City Council to the Government of the Islamic Republic of Afghanistan. Practice head Lillian Mackenzie has expertise in PPP infrastructure projects and the new mutual investment models (MIMs), a form of PPP specific to Wales. Mackenzie also has considerable experience of advising on the operational phase of projects and is supported by the firm’s large international network.
Practice head(s):
Lillian Mackenzie
Other key lawyers:
Sharon Fitzgerald
Testimonials
‘DLA Piper is unique, especially due to their diversity and African presence, which gives a very valuable local context to transactions.’
‘They have cultivated a pleasant but professional relationship and remain eager to meet and exceed the expectations of the client.’
‘A real depth of experience in working on Middle East PPP projects.’
‘I worked with Sharon Fitzgerald last year; she has a great intellect and is politically astute in dealing with clients.’
‘Sharon Fitzgerald is super-organised and striving to make a difference.’
‘Lillian MacKenzie has been friendly, kind and taken a proactive and commercial approach when offering advice.’
‘Sharon Fitzgerald builds trust and rapport with clients and peers so quickly in a way that few others can.’
‘The firm leverages its in-house knowledge with local expertise by engaging and working closely with local counsel.’
Key clients
City of Glasgow Council
Welsh Government
Equitix
InfraRed
Green Africa Power
Velindre University NHS Trust
Government of the Islamic Republic of Afghanistan
United Nations Development Programme
African Legal Support Facility
GE (General Electric)
Lloyds Banking Group
Nord LB
Government of North Macedonia
EBRD
Work highlights
- Advising Velindre University NHS Trust on the £250m pathfinder PPP healthcare project, involving the design, build, finance and maintenance of a new cancer centre for the delivery of specialist cancer services.
- Advising Glasgow City Council in respect of the operation of its residual waste services, which is a PFI project.
- Advising Natixis in relation to the £380m green loan financing for the construction of the Kincardine floating offshore wind farm situated 15km offshore from the Scottish coast of Aberdeen.
MacRoberts LLP
MacRoberts LLP’s large integrated team is well known in the market for its expertise in private finance initiative (PFI) and public–private partnership (PPP) projects. It acts for a range of private and public sector clients, including the Scottish Government, which it advises on major infrastructure projects. Rod Munro acts for sponsors, developers, funders and contractors on primary and secondary project finance transactions. Jennifer McKay is a name to note for contentious matters, with a focus on construction disputes.
Practice head(s):
Rod Munro
Other key lawyers:
Duncan Osler; Jennifer McKay
Testimonials
‘Approaches solutions through the client’s eyes.’
‘Approachable and totally reliable.’
‘Jennifer McKay has a particularly assured manner and can always be depended upon to deliver an outcome in the client’s best interests.’
Key clients
Aberdeen Standard Life
Amey
Angus Council
Babcock Wilcox Volund
Bank of Ireland (UK) plc
Bank of Tokyo Mitsubishi
Charity Bank
ECG Facilities Services Ltd
Edinburgh Council
Kudos Services Ltd
Glasgow City Council
Imagile
InfraRed
Infrastructure Managers Limited
M&G Investments
Morgan Sindall Investments Limited
National Trust for Scotland
NHS Lothian
NHS Orkney
NHS Tayside
NHS Ayrshire & Arran
NHS Highland
Perth & Kinross Council
Pentland Ferries
Police Scotland
Robertson Group
Scottish National Investment Bank
Scottish Prisons Service
Scottish Government
Semperian
Shepherd Engineering
South of Scotland Enterprise
Sumitomo Mitsui Banking Corporation (SMBC)
SSE Plc
SUEZ Recycling and Recovery UK
Transport Scotland
Western Ferries (Clyde)
Wm Hamilton & Sons Limited
Wood Group
Work highlights
- Advising Transport Scotland on the Emergency Measures Agreements for both ScotRail and Sleeper Franchises required due to the COVID-19 pandemic.
- Advising NHS Lothian on The Edinburgh Royal Infirmary PFI Project.
- Retained by South of Scotland Enterprise Agency to advise on multiple issues arising on a unique project to develop Europe’s leading Mountain Bike centre.
Shepherd and Wedderburn
Shepherd and Wedderburn handles the full life-cycle of projects for clients, with work ranging from the procurement stage to the construction and operational phases, as well as post-construction disputes. It is well versed in renewable energy, state-sponsored PPP and Scottish hub projects. Clients include procuring authorities, sponsors, funders and sub-contractors. Practice head Stephen Colliston is active in the public and private sectors, and is particularly experienced in the waste, healthcare, education and transport sectors. Alison Horner joined from Addleshaw Goddard.
Practice head(s):
Stephen Colliston
Other key lawyers:
Nigel Sievwright; Alison Horner
Testimonials
‘Excellent people, who have experience and expertise in the field of litigation.’
‘Well managed, without over-reliance on juniors to take on responsibility beyond their level of experience.’
‘Excellent knowledge of both the law, litigation processes and the ability to interpret contracts.’
‘The practice brings a strong understanding of the intricacies of project finance and banking on all the deals that it works on for us.’
‘What I most appreciate is the focus on getting our business to where it needs to be in legal terms in the timeframes required.’
Key clients
Acciona Industrial S.A.
Consort Healthcare (Blackburn) Limited
South Ayrshire Council
West Lothian Council
Nord/LB
Neart na Gaoithe Offshore Wind Ltd
City of Edinburgh Council
HM UK Government
States of Jersey
Consort Healthcare (Birmingham) Limited
Work highlights
- Acting for Consort Healthcare (Birmingham) Limited on two variations, the Oleaster Variation and Loop Road Variation, to deliver improved mental health facilities by delivering an urgent care centre which provides a therapeutic environment for adults and children of all ages and improved public transport access to the Queen Elizabeth Medical Centre, in an operational healthcare environment.
- Following on from advising West Lothian Council on its strategically important pathfinder City Region Deal funding project, the firm completed a major hub DBDA project to deliver a three-school primary and secondary school campus for the Council.
- Advising The City of Edinburgh Council on its procurement of hard facilities management delivery partners for its non-domestic estate, utilising the “competitive procedure with negotiation” process.
Anderson Strathern
Anderson Strathern undertakes a significant amount of work for private sector enterprises but is best known for its focus on the public sector, where it provides construction advice on infrastructure projects to the Scottish Government and Transport Scotland, among others. A key name to note is Karyn Watt, who is a member of the Construction Scotland Industry Leadership Group and is also a qualified mediator.
Practice head(s):
Karyn Watt; Martin Whiteford; Pat Loftus; Alastair McKie; Gillian Jamieson; Fraser Geddes
Key clients
Victoria Square Woking Limited, Woking Borough Council, Moyallen Woking Limited and Woking Town Centre Management Limited
University of the Highlands and Islands
HALO Kilmarnock
Inovyn & Ineos
Vento Ludens Limited
S1 Developments Limited
Axcel Hospitality Management
Shetland Space Centre Ltd
Buccleuch Group
Work highlights
- Advising on all construction and development aspects of the redevelopment of Woking Town Centre and large extension to the town centre shopping complex, including retail and restaurant space (approximately 125,000 sq/ft), 3x 30-storey residential towers and hotel with conference centre.
- Advising Shetland Space Centre Ltd (SSC) on the necessary consents for a vertical launch space port (including launch pad complex, satellite tracking station, assembly and integration hangar buildings, with associated infrastructure) at Lamba Ness, Unst, Shetland.
- Advising on all construction and engineering aspects in relation to three run-of-river hydro projects (Alt Garaidh, Alt Mhuic and Alt Fhiodan) for developer Vento Ludens on sites owned by the Forestry Commission.
Harper Macleod LLP
Harper Macleod LLP has a well-established reputation in PFI and PPP projects, and is particularly active in the domestic market. Team head Euan Pirie handles large construction and engineering projects, with particular experience of projects procured under the hub initiative. Senior associate Catriona Kemp is knowledgeable about all the aspects of infrastructure and other major projects, with a particular strength in related project finance transactions, as well as corporate law issues.
Practice head(s):
Euan Pirie
Other key lawyers:
Catriona Kemp
Testimonials
‘Euan Pirie is an impressive commercial lawyer.’
‘Euan Pirie strikes the right balance between demonstrating a thorough understanding of complex PFI contractual issues and being able to articulate them in a concise and user friendly manner.’
‘Euan Pirie is one of the most pragmatic lawyers I’ve worked with.’
‘They respond to requests within the agreed timeframes, they communicate effectively and timeously, with regular updates when necessary and treat their clients with respect.’
‘Euan Pirie is very instructive when providing legal advice.’
‘Euan Pirie has been our lead partner and our key contact from the outset and fully understands the needs and commercial positions of us as a client.’
‘They have the ability to draw in wider specialist support from across their organisation.’
‘My main dealings have been with Euan Pirie, who is able to cut through the legal jargon and help me understand what is required and why’.
Key clients
Ayrshire & Arran Health Board
FCC Construcción S.A
Forth Health Limited
Glasgow City Council
GT Equitix Inverness Limited
Hopefield Partnerships Limited
Lanarkshire Health Board
North Ayrshire Council
Stirling Council
West of Scotland Housing Association
Work highlights
- Advised FCC Construcción S.A on the successful bid to be appointed as contractor on £588m A465 Project, the first Mutual Investment Model (MIM) project to reach financial close in Wales.
- Advising North Ayrshire Council on a c£60m new community campus in Ardrossan.
- Advised West of Scotland Housing Association on a £6.4m hub DBDA to provide the largest Passivhaus development to date in Glasgow.