Direct procurement for customers (DPC) projects form the core of Addleshaw Goddard‘s water practice, with the firm advising a number of water companies on critical infrastructure developments. In addition to its financing practice, the group also assists with regulatory matters and licensing applications to Ofwat and other authorities. Leading the team is David Shaw, a DPC specialist who also advises on other forms of project finance, as does Philip Dupres. Rona-Bar Isaac specialises in regulatory matters, acting for clients on both contentious and non-contentious issues, including competition disputes. Legal director Joanne Holbrook‘s practice centres on environmental compliance, risks and liabilities, regulatory investigations and civil claims. The firm augmented its planning practice with the February 2023 arrival of Francis Tyrell from Pinsent Masons LLP.
Water in London
Addleshaw Goddard
Practice head(s):
David Shaw; Phil Dupres; Rona Bar-Isaac
Other key lawyers:
Joanne Holbrook; Francis Tyrrell
Testimonials
‘The Addleshaw Goddard Projects, Energy and Natural Resources team has demonstrated great flexibility in working with the in-house legal team to develop and create new, ground-breaking infrastructure projects in the UK water sector, drawing from significant experience and expertise in other industry sectors.’
‘The facility to simply pick up the phone and engage in meaningful, productive discussions with various team members without the usual foremost worry about ‘how much of that will end up on the clock’ is invaluable; a characteristic fully demonstrated by Phil Dupres on ongoing project work.’
Key clients
Affinity Water
United Utilities
Southern Water
Anglian Water
Castle Water
South East Water
Yorkshire Water
Water Resources South East
Work highlights
- Advised United Utilities on its £1.5bn Haweswater Aqueduct Resilience Programme, comprising over 100km of new tunnelling delivering drinking water to over 2m people in Manchester and its surrounds.
- Advised Water Resources South East in their collaboration, development and legal assurance of a regional resilience plan for 2024.
- Advising Southern Water on its Water for Life DPC project, an £800m scheme, delivering resilient infrastructure for Hampshire.
Herbert Smith Freehills LLP
Herbert Smith Freehills LLP‘s water team takes instructions on the full spectrum of issues, advising water companies on commercial matters, major projects, financings and regulatory concerns, while also acting for construction companies and investors involved in the water industry. Additionally, the practice also acts for water companies in disputes. Leading the practice are competition and regulatory specialist Tim Briggs, who also advises on procurement and state aid, and Malcolm Lombers, who handles water-related M&A. Kristen Roberts focuses on financing work, with a particular niche in debt finance, while Tom Marshall handles infrastructure transactions in regulated sectors.
Practice head(s):
Tim Briggs; Malcolm Lombers
Other key lawyers:
Kristen Roberts; Tom Marshall
Testimonials
‘The HSF team provides exceptional support to our business and holds an excellent insight into our corporate history and issues that may affect us.’
‘The advice is always tailored and on-point to our specific needs.’
‘The depth of the team is impressive, but very personalised support is provided.’
‘The team adds significant value to our business and have helped us navigate through some difficult issues / projects.’
‘HSF are regarded as the go-to firm for all our complex, high-profile matters and have continued to differentiate themselves from the competition through the quality of their service and key personnel.’
‘The long-term retention of the same core team in utilities economic regulation sector is highly commendable. This enables in-house teams to work with an external advisory team that already has a demonstrable understanding of the client’s issues and ways of working.’
‘The team’s lead partner for the various engagements with us, Tim Briggs, brings a calm, measured, very knowledgeable approach to addressing often difficult and complex regulatory issues, which is always welcome and very useful in the midst of sometimes frenetic programmes.’
Key clients
Anglian Water
Severn Trent
Tideway
Southern Water
Thames Water
Water UK
Market Operator Services LimitedMitsubishi Corporation
Work highlights
- Advising Southern Water in connection with its PR24 price control review.
- Assisted Tideway to secure modifications from Ofwat to the revenue and incentive provisions of its licence to allow for additional costs caused by the Covid-19 pandemic.
- Advised Thames Water in connection with on its South East Strategic Reservoir Option project – the proposed new reservoir near Abingdon, Oxfordshire.
Linklaters LLP
The full-service water offering at Linklaters LLP is ‘always current on regulatory and financing developments’, handling matters of financing, project development and M&A on the transactional front, including advising on DPC projects. The team also provides regulatory and competition advice and represents clients facing investigations by Ofwat and the Environment Agency in addition to commercial disputes. Leading the team are Julian Davies, a highly experienced finance specialist; head of structured finance and regulatory expert Mark Nuttall; and Natura Gracia, who handles competition matters and regulatory investigations. Elisabeth Johnson supports water companies in the lead-up to price reviews, while managing associate Emma Crawford advises on infrastructure and utilities financing. James McGivern departed the firm in February 2023, taking up a partner position at Kirkland & Ellis International LLP.
Practice head(s):
Julian Davies; Mark Nuttall; Natura Gracia
Other key lawyers:
Elisabeth Johnson; Emma Crawford
Testimonials
‘The team has broad strength from its extensive work in the water sector over a long period, and more widely in utilities, which means it is always current on regulatory and financing developments.’
‘This is hugely beneficial when considering potential scenarios, identifying options and formulating plans that are feasible for execution.’
‘As always, Mark Nuttall was an invaluable sounding board as well as heading a team that gets execution done without fuss.’
‘In Emma Crawford, we are very lucky to have someone who supports us in all financing aspects, with an approach of helping to find solutions, and ensuring that execution is delivered as expected, usually within tight timeframes.’
‘Good experience in the sector and of the company’s debt documentation mean that we have received very good advice on a whole range of different topics.’
‘They always pursue possibilities to the limit and provide good ideas and solutions that have helped us to challenge and innovate.’
‘They really understand our business and legal framework and use this well to help us improve and develop.’
Key clients
Southern Water Services Limited
Thames Water Utilities Limited
Yorkshire Water Services Limited
Welsh Water
ING Bank NV
CK Infrastructure Holdings
Portsmouth
Assured Guaranty
Pennon
Northumbrian
SES Water
South East Water
Work highlights
- Advised Thames Water Utilities Limited on the commitment by the ultimate shareholders of Thames Water to provide an equity injection of £500m in March 2023, with a further commitment in respect of a path to funding an additional £1bn and on financial resilience planning and strategy.
- Advised CK Asset Group, CK Infrastructure Group and CK Hutchinson Group on a sale of a 25% stake in Northumbrian Water Group to KKR.
- Advised two water and sewage undertakings in relation to the 2024 price review, which will cover the regulatory period 2025 to 2030.
Pinsent Masons LLP
Pinsent Masons LLP‘s water team advises water companies and developers on projects in the UK and abroad, with particular expertise on Strategic Resource Option projects in addition to DPCs and conventional infrastructure developments. The practice is also well-versed in matters of project finance and regulatory proceedings. Heading the team is Gordon McCreath, who offers clients extensive environmental and regulatory expertise, while Robbie Owen provides planning advice for major infrastructure projects, including Development Consent Orders (DCOs) and Transport and Works Act orders, and Mike Pocock focuses on infrastructure projects and planning. Legal director Fiona Ross‘ practice is centred on environmental law, including climate change regulations and the future-proofing of projects.
Practice head(s):
Gordon McCreath
Other key lawyers:
Robbie Owen; Mike Pocock; Fiona Ross
Key clients
Thames Water Utilities Limited
Anglian Water
BMB Joint Venture (Balfour Beatty, Morgan Sindall and BAM Nuttall)
Funders to a consortium comprising FCC Construcción, S.A., SNC-Lavalin Capital Inc., FCC Aqualia, S.A., Webuild, S.p.A and BeMo Tunnelling UK Ltd
United Utilities Water Limited
Southern Water
Madinah, Tabuk and Buraydah Sewage Treatment Plant
South West Water
WaterPlus Limited
Work highlights
- Advised Anglian Water on its three Strategic Resource Option (SRO) water resource projects, including the Lincolnshire Reservoir, Anglian to Affinity Transfer Scheme and Fens Reservoir.
- Advised United Utilities (UU) in the Supreme Court on the long running litigation with the Manchester Ship Canal Company Limited in relation to UU’s discharge of water and treated effluent into the Canal.
- Advised Southern Water, a statutory undertaker, on a wide range of matters relating to their proposed development of new water supply infrastructure in Hampshire in order to meet a projected water supply deficit, including construction arrangements for a Direct Procurement for Customers project.
Baker & McKenzie
Baker McKenzie’s infrastructure team is well versed in handling infrastructure projects pertaining to water, with particular experience in advising port operators and also governments. The team accompanies projects from the planning and financing stages through to completion and M&A, while also acting for clients involved in disputes. Leading the team together are infrastructure development and public-private partnership (PPP) specialist Mike Webster, projects and M&A expert Neil Donoghue and Andy Moody, a litigator who also assists with matters of public and private international law. Senior associate Rhiannon Williams specialises in the development and construction of ports, with expertise in international federation of consulting engineers (FIDIC) contracts and procurement matters.
Practice head(s):
Mike Webster; Neil Donoghue; Andy Moody
Other key lawyers:
Rhiannon Williams
Key clients
A.P. Moller Maersk
Anaklia Development Consortium LLC
CDPQ
CLDN Cobelfret
Fiera Infrastructure Inc.
Georgia Capital PLC/JSC Georgia Capital
Global Ports Holding
Hutchison Ports
Oceans Finance Company
Suez
Tailwind Energy Limited
Uniper Global Commodities
Work highlights
- Advised Hutchison Ports on two new two projects worth approximately $700m in Egypt for the development of a new container terminal in Ain Sokhna Port and B100 new container terminal in Dekheila Port, Alexandria.
- Advising Global Port Holdings PLC, as the sponsors, and their project company as proponents in connection with the 30-year concession to repair, improve, operate and maintain the cruise port situated in San Juan, Puerto Rico on a PPP basis.
- Leading the $1.5bn investor-state arbitration arising out of the Anaklia port, the largest infrastructure project on the Black Sea.
Burges Salmon LLP
The ‘excellent range of experience’ at Burges Salmon LLP‘s water practice allows it to handle matters concerning water companies’ operations and infrastructure projects, while also assisting both housing and infrastructure developments in their interactions with existing water infrastructure. On the regulatory front, the firm assists water companies in making applications to Ofwat and other government bodies for licenses, while also advising clients facing investigations. Practice head Michael Barlow has a broad practice, encompassing environmental, waste water and environmental permitting issues, while also representing clients facing regulatory investigations, acting before the courts and in arbitration and mediation proceedings.
Practice head(s):
Michael Barlow
Testimonials
‘Michael Barlow is a market leader in this area. Clients seek him out.’
‘Excellent range of experience and in-depth knowledge of a specialist area.’
‘Michael Barlow has an outstanding grasp of a complex and specialist area.’
‘The team has a great reputation and delivers high-quality work.’
‘They have in depth knowledge of the water sector.’
‘Excellent leadership, integrity, honesty and knowledge.’
Key clients
Canal & River Trust
Environment Agency
Affinity Water
Wessex Water
Severn Trent Water
South West Water
Welsh Water
Albion Water
Work highlights
- Advised Severn Trent Water on the regulatory and real estate issues arising from its £76m investment in Mansfield to develop sustainable drainage systems as part of the UK’s ‘Green Recovery’ following the COVID pandemic.
- Advised the Canal & River Trust on changes to the legislation relating to the abstraction of water from rivers (by removal of historic exemptions), and subsequent appeals of six of the licences granted by the Environment Agency and Natural Resources Wales to the Trust.
- Advised Severn Trent Water (STW) on a management and leasing arrangement with the National Trust which will see the National Trust use its expertise in conservation to enhance sites for visitors, whilst STW will continue to manage the reservoirs and water supplies at the sites.
Gowling WLG
Gowling WLG advises on water infrastructure projects in the UK and abroad, acting for water companies, local governments and water regulators, handling financing, development and transactional matters. The practice also provides litigation support, representing clients engaged in international litigation. Leading the water practice is Andrew Newbery, who specialises in transactional matters in the water sector, including project financing, while John Cooper heads the firm’s public law team, advising on regulatory issues affecting water projects. Gareth Baker assists investors seeking to acquire infrastructure assets and Jonathan Brufal, who splits time between the firm’s Dubai and London offices, heads the firm’s international projects practice, with particular experience advising on developments in Africa and the Middle East.
Practice head(s):
Andrew Newbery; Gareth Baker; John Cooper; Jonathan Brufal
Other key lawyers:
Kieran Laird; Gordon Bell; Mike Stewart
Key clients
Almar Water
International Finance Corporation
eThkwini Municipality
The Water Services Regulation Authority (Ofwat)
Northern Ireland Authority for Utility Regulation (NIAUR)
Work highlights
- Mandated by the IFC to act as legal transaction advisor in its role providing support to the eThkwini Municipality in the development of two new wastewater projects in the Durban area.
- Advised a consortium comprising four water developers, led by Almar Water, on their bid for the concession of the Glen Valley Wastewater Reclamation Project near Gaborone in Botswana.
- Worked in liaison with the Department for Infrastructure, the Utility Regulation (UR) is considering options which might help to address the lack of capacity in sewerage networks and wastewater treatment works in Northern Ireland.
Weightmans LLP
Weightmans LLP acts for both water and sewerage undertakers on both regulatory and day-to-day matters, with further expertise in competition and environmental law. Water-related disputes also fall within the team’s purview, taking instructions from both claimants and defendants. Corporate and regulatory consultant Clive Mottram leads the team alongside Simon Colvin, an environmental lawyer who assists with water developments requiring licences or permits in addition to providing support when pollution incidents occur. Principal associate Roger Bishop acts for water companies in flooding-related damage claims, while fellow principal associate Nick Barker, who joined from DWF in June 2022, advises water companies on environmental regulations and compliance matters.
Practice head(s):
Simon Colvin; Clive Mottram
Other key lawyers:
Nick Barker; Roger Bishop
Testimonials
‘Roger Bishop is switched on and well organised, with good judgment about how to handle his cases.’
‘Clive Mottram has virtually unparalleled regulated water industry experience.’
‘The firm as a whole has a good reputation.’
‘Clive Mottram is an expert in Water Sector Law. Clive provided clear, practical and realistic advice. Clive was supported by Nick Barker. Both Clive and Nick were responsive, understood the issues we faced and were very helpful.’
Key clients
Severn Trent Water
Pennon Group
South Staffordshire Water
Peel Ports Group
Clarion Housing
Certas Energy Limited
LAT Water
Ashfords LLP
Ashfords LLP‘s energy and resource management team assists water companies with corporate transactions and contracts, asset maintenance and repair and regulatory advice, while also acting for developers on S104 sewer adoption agreements. Leading the practice are Mark Manning, an engineering contracts and disputes specialist, and M&A, and regulatory lawyer Brian Farrell, who also advises on water technology developments.
Practice head(s):
Mark Manning; Brian Farrell
Testimonials
‘Responsive staff who are accountable and competent.’
‘Brian Farrell and Mark Manning were quick to respond to requests and delivered on what was promised.’
‘Ashfords, through regular contact with internal key client contacts, have consistently ensured that all team members working on specific projects are aware of challenges and time constraints.’
‘This has resulted in an efficient delivery for the client, culminating in several recent projects completing ahead of schedule and as a consequence removing them from the critical path.’
‘Mark Manning is accessible, personable and professional at all times, whilst retaining a sense of humour.’
‘Mark Manning’s availability and sound judgement has really stood out from his peers.’
‘Senior partners make themselves personally available to junior members of our business, and provide guidance on contractual matters.’
‘They acted as though they were part of our business and when the gauntlet was thrown down, stepped into the breach with the appropriate resources and expertise.’
Key clients
Pennon
South West Water
Bournemouth Water
Bristol Water plc
Wase Limited
Biofactory
Cappagh Public Works Limited
Peel Ports (London Medway)
Felixstow Port (Hutchinson Ports)
Department of Infrastructure (Isle of Man Government)
Cornwall Council
Barratt David Wilson
Wain Homes
Vistry Homes
Work highlights
- Advised Pennon Plc on the acquisition of Bristol Water and subsequently advised South West Water on the transfer of Bristol Water into the South West Water business, by way of an approved transfer scheme under the Water Industry Act 1991.
- Advised on the establishment and roll out of a strategic and innovative partnership in the sector, the Centre for Resilience, Environment, Water and Waste, between South West Water and the University of Exeter.
- Advising Hutchinson Ports (Felixstowe) in respect of a Harbour Revision Order.
Hogan Lovells International LLP
Hogan Lovells International LLP advises clients on the spectrum of water-related issues, supporting water companies and investors with M&A, project development and regulatory issues in the UK and abroad. Counsel Charles Ford heads the team, advising clients on price reviews, financing arrangements for, and investments into, key infrastructure projects, in addition to water infrastructure transactions.
Practice head(s):
Charles Ford
Key clients
Affinity Water
Work highlights
- Advised Affinity Water on the issuance of its first green bond, a Class A £130m 0.01% CPI-Linked private placement due September 2038. The proceeds will be used to finance key investments outlined in Affinity’s new Green Finance Framework.
- Appointed to Affinity Water’s inaugural legal panel.
- Advised Affinity Water on PR24.
Tuppers Law
The regulatory experts at Tuppers Law assist water companies and other businesses on a plethora of issues, ranging from matters of competition, price reviews (including PR24) and appeals to the Competition and Markets Authority (CMA), while also advising clients on investigations by the Environment Agency and Ofwat, in addition to providing compliance support to water and sewerage undertakers. Heading the practice are regulatory specialist Lisa Navarro, who advises clients on price reviews, sewage discharge investigations and competition matters, and Stephen Tupper, who focuses on merger control and competition matters. Of counsel Stephen Robson also advises on price reviews in addition to other contentious matters.
Practice head(s):
Stephen Tupper; Lisa Navarro
Other key lawyers:
Stephen Robson
Testimonials
‘A small, focused team able to understand client needs and work closely with them to deliver what is required.’
‘High-quality team.’
Key clients
Northumbrian Water
Anglian Water
Southern Water
Utilita
Electricity North West Limited
Work highlights
- Represented Northumbrian Water on its judicial review of Ofwat’s decision to impose an outcome delivery incentive penalty for supply interruptions arising from Storm Arwen.
- Advised one of the five water companies being investigated by Ofwat for potential breaches of licence conditions and statutory obligations in relation to compliance with permit conditions at sewerage treatment works.
- Advised various water companies in relation to PR24, including the scope of statutory and regulatory obligations and board assurance.