Back to Lot 1 contentsBURGES SALMON LLPRetained EU Law and EU LawPlanningOur team undertakes the full range ofadvisory, non-contentious and contentiouscompetition, state aid/subsidy control,procurement and economic regulation work,before the UK, EU and internationalauthorities and courts.We have experience of working for andagainst the EU, including its competition andregulatory authorities. We advise on a widerange of disputes before the UK and EUcourts and tribunals.Our expertise includes:• Application of EU Treaties and law tocommercial agreements, joint ventures,strategic alliances, business strategiesand conduct• Advising and defending clients operatingin regulated sectors in relation to EUcompetition and economic regulatorymatters, including compliance withlicence conditions and price reviews• Obtaining clearance for mergers and jointventures across the UK and EU• Representation relating to disputesbefore UK and EU courts, includingappeals against regulators’ decisions,judicial review proceedings, follow-ondamages actions and commercialdisputes• Compliance with EU state aid/subsidycontrol rules and the TCA for thepurposes of subsidy control• Complaints to, and proceedings by, theEuropean Commission.Case studiesMultinational rail servicesproviderProviding representation on theapplication of EU Treaties, regulatorysystems and international/crossborderEU agreements regarding theuse of the Channel Tunnel and theapplication of EU Directives. We haveadvised the client on engagement withthe European Commission regardingpotential investigations.Transport for WalesAdvising on the merger control andprocurement aspects of the Wales andBorders rail franchise. This requiredthe transfer of facilitation of powers toWelsh Ministers and TfW’s solutionhad to utilise the benefits of avertically-integrated rail system whileensuring compliance with EUDirectives and UK competition law.Advent InternationalAdvising on the proposed acquisitionof Cobham plc for £4bn. Thistransaction was notified to theEuropean Commission. The Secretaryof State issued a EuropeanIntervention Notice. We are alsoadvising on the public interest aspectsof the transaction.UK Research and InnovationAdvising on the implementation ofHMG’s Brexit research guarantee andthe establishment of UK grant fundingagreements to replace the EU Horizon2020 scheme.Our planning and compulsory purchaselawyers deliver advice to the public andprivate sectors, across the UK, through thewhole development process, fromconsenting strategy to legal challenge.Our expertise includes:• Consenting strategy and Planningapplications, including EnvironmentalImpact Assessment (EIA) and HabitatsRegulations Assessment (HRA)• Negotiating and drafting planningobligations for landowners, developers,local authorities and funders• Planning appeals, including advocacy atpublic inquiries and hearings• Interpretation of planning permissionsand conditions, and advice onsafeguarding planning consents• Site assembly including compulsorypurchase promotion and claims forcompensation, including Upper Tribunaladvocacy.Case studiesIsle of Anglesey CouncilAdvising on proposed nuclear powerstation at Wylfa and other applicationsfor major energy projects including theTidal Demonstration Zone and PortHealth Authority advice followingamendments to port inputs as a resultof Brexit.National HighwaysAdvising on numerous NSIPs,including planning advice on theformer proposals for the Heathrowexpansion DCO process, the new A30dual carriageway between Carslakeand Carland Cross and the A417proposals.Department for TransportAdvising DfT as decision maker onnumerous DCOs and Transport andWorks Act Orders and related issuesincluding EIA and HRA.Environment Agency and Canaland River TrustAdvising on a £20m scheme forinstalling state-of-the-art fish passes atseveral weirs located along the RiverSevern, including advice on strategicplanning, site acquisition, public rightsof way and CPO powers.Torbay CouncilCPO advice for the redevelopment ofthe Crossways Shopping Centre,including dealing with the entire CPOprocess and related planningapplication. Dealing withimplementation of the confirmed CPO.Back to Lot 1 contentsBack to main contentsBack to main contents18
Back to Lot 1 contentsBURGES SALMON LLPProjectsRestructuring and InsolvencyWe combine industry sector insight with thehighest level of legal expertise to deliverclear, effective solutions, with particularexpertise relating to projects involving thepublic sector. We provide a seamless servicethrough all stages of the project life cycle,including:• developing commercial and procurementstrategies and business cases;• establishing and supporting regulatedprocurement processes;• drafting and negotiating contractdocumentation;• providing specialist advice in areasincluding financing, planning, real estate,tax, employment and pensions;• contract management support duringoperations;• transition and exit; and• re-procurement or alternative servicedelivery.We have a proven track record of successfulproject delivery in a wide range of sectors,advising bidders, developers, investors,regulators and finance parties in the privateand public sector.Our expertise includes:• Running complex and highly regulatedprocurement projects• Consenting large infrastructure• Community and social infrastructurearrangements• Commissioning and operational issueswithin asset and service delivery projects• Financing structures and contractualarrangements• Regulatory and compliance matters• Onshore and offshore outsourcing.Case studiesMinistry of DefenceAdvising on the full suite of contractingarrangements in relation to theprocurement of Dreadnought andAstute class submarines, from thealliancing and collaborationarrangements to the bi-lateralcontracts for both programmes. Alsosupporting on negotiating, drafting andprocurement of contracts with strategicsuppliers to the naval nuclearpropulsion programme.Ministry of DefenceAdvised on the Skynet satelliteprogramme since the late 1990sincluding on the first outsourcingthrough the Skynet 5 PFI project,which involving the manufacture andlaunch of two satellites. Currentlyadvising on the Skynet 6 programmeto appoint a replacement serviceprovider following expiry of the PFI forthe supply and integration of theSkynet 6A satellite and subsequentprocurement of satellites under theEnduring Capability Programme.Isle of Wight CouncilAdvising on the £1bn HighwaysMaintenance PFI project, includingdrafting the Project Agreement andmanaging stakeholder issues,including HM Treasury and IPA(predecessor) comments andsubsequent advice on variations and acontractual dispute.Our corporate restructuring and insolvency(CRI) team provides specialist advice inconnection with businesses facing a varietyof financial challenges. For each matter, weassemble a team of experts from a range oflegal disciplines and sectors, tailored to theclient’s specific needs.Our contentious and non-contentiouspractice regularly advises on both domesticand cross border matters that span a widerange of sectors and clients; includingcompanies, lenders, shareholders,opportunistic investors, insolvencypractitioners, pension trustees, regulatorsand public bodies. We are active members ofR3, INSOL, INSOL Europe, the IBA, TMA,IWIRC, NARA and EIDG.Our expertise includes:• Contingency planning, options analysis,supply chain review, enforcementanalysis and contractual andtransactional structuring advice• Cross-border and domestic financialrestructuring• Distressed investing and M&A (includingdebt sales)• Corporate governance and directors’duties• Pension schemes in stressed anddistressed companies• Schemes of Arrangement, RestructuringPlans, CVAs, Moratoriums,Administrations, Liquidations andReceiverships• Insolvency litigation and asset tracing.Case studiesCivil Aviation AuthorityActing for the regulator, on a largenumber of matters involving reportingon proposed changes to the debt andequity structures of ATOL licenceholders and ensuring that the CAA’sobjectives, including the protection ofcustomers, are appropriatelyaddressed. This includesrecommending, negotiating andimplementing: new security,guarantees, subordination or othercontractual protections in favour of theCAA.Acting for the joint administratorsfrom FRP on the negotiation andagreement of the sale of the CoventryArena (including the associatedbusinesses) to Frasers Group. Thetransaction was completed on a veryaccelerated timetable and was carriedout alongside a parallel urgentapplication to court which wasnecessary in order to obtain an orderappointing the joint administrators andconsenting to the sale of the CoventryArena free from fixed charge security.Advising one of the largest unsecuredcreditors of a distressed furthereducation body including liaising withinsolvency practitioners engaged by theDepartment for Education in relation toan accelerated M&A process, liaisingwith the FE body and the CharityCommission in relation to emergencyfunding from ESFA and advising onpossible outcomes in an EducationAdministration.Back to Lot 1 contentsBack to main contentsBack to main contents19
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