Herbert Smith Freehills LLP

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Patrick Leyden heads Herbert Smith Freehills LLP’s mining team, which advises on a broad range of transactional and contentious work in the industry. The client base includes government departments, international and local companies and non-profit organisations. Leyden is sought after for his expertise in advising on cross-border M&A in the mining space. Ernst Muller brings experience in assisting multinational mining companies with ESG matters. Peter Leon is now based in the London office, and acts as the firm’s global chair of its Africa group.

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Key clients

  • Natal Portland Cement Company (Proprietary) Limited
  • Anglo American Plc
  • Harmony Gold Mining Company Limited
  • China Molybdenum Company Limited (CMOC)
  • CIMIC Group Limited
  • POSCO
  • Pala Investment Limited
  • Green Hydrogen Organisation |International Lawyers Project (pro bono)
  • Thiess (Proprietary) Limited

Lawyers

Leading associates
Rising stars with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Ernst Muller
Ernst is a Director based in Johannesburg, South Africa reporting directly to the Global Head of ESG. He has been mandated within his role to be one of the main point persons responsible for ESG across Europe, the Middle East, and Africa (EMEA), supporting the strategic focus of both the Global and UK, and EMEA ESG leads. Ernst is a "Natural Scientist turned Regulatory Lawyer". The combination of his skills as an Environmental Scientist and Lawyer makes him the ideal ESG lawyer – bridging the gap between the ever-expanding universe of ESG rights and specific obligations, technical expertise, and in-depth industry knowledge. Owing to his background in Environmental Sciences (B.Sc. and B.Sc. HONS) and because he is based in Africa, Ernst’s practice focusses on clients within the extractives and natural resources sector. Liaising and advising clients on particularly pertinent issues within these sectors as they grapple with the evolving regulatory space and in many instances shifting business models. In addition to advising clients across hard and soft law issues, he is well-versed in negotiations, transactional work, judicial review proceedings, international arbitrations, and high-court litigation.  Ernst’s clients include governments across Africa and the Middle East, indigenous and local communities, non-government organisations and multinational enterprises.  His impact on, influence and level of access to clients across the spectrum is unique for a non-partner due to his position in the market as one of few solely focused ESG lawyers in the region. Since qualifying in 2016, Ernst has established himself as a leading ESG lawyer on the continent. His commitment to ESG and success in this field is illustrated by the fact that Ernst currently represents Africa on the International Bar Association's (IBA) Sustainable Development Goals and ESG working group, the Net Zero Lawyers Alliance's steering committee, and the Green Hydrogen Organisation's (GH2) standard committee. In addition, he is regularly invited to participate at conferences across Africa and the Middle East addressing senior stakeholders on ESG topics. Ernst regularly addresses postgraduate students and academic departments at universities as a guest lecturer on matters related to ESG, green hydrogen, mining, and sustainable development. He is also an ambassador for Cambridge University's Democratising Education for Global Sustainability and Justice programme. Ernst frequently publishes on ESG-related topics ranging from policies and global legal developments to local community engagement processes, mineral and sustainability law reform processes, and climate change policies (most of the articles are available here).

Practice head

The lawyer(s) leading their teams.

Patrick Leyden

Other key lawyers

Ernst Muller