CCS Prospectus

CCS prospectus

April 2017

RM3786 General Legal Advisory Services

Contents

Mandatory specialisms Page no. Introduction...... 2 Public law ...... 3 Contracts ...... 4 Competition law ...... 5 Construction law ...... 6 Corporate law ...... 7 Dispute resolution ...... 8 Employment law ...... 9 Environmental law ...... 10 EU Law ...... 11 Information law including data protection law ...... 12 Information technology law ...... 13 Intellectual property law ...... 14 Litigation ...... 15 Non complex finance ...... 16 Outsourcing ...... 17 Partnership law ...... 18 Pensions...... 19 Planning law ...... 20 Projects/PFI/PPP ...... 21 Public Procurement Law ...... 22 Real Estate and Real Estate Finance ...... 23 Restructuring / Insolvency ...... 24 Optional specialisms ...... page no. Tax law ...... 25 Education law ...... 27 Child law ...... 28 Energy and natural resources ...... 29 Food, Rural and Environmental Affairs ...... 30 Franchise law ...... 31 Health and Healthcare law ...... 32 Health and Safety law ...... 33 Life Sciences ...... 34 Public Inquiries and Inquests ...... 35 Telecommunications ...... 36

RM3786 General Legal Advisory Services

Introduction

With government departments expected to deliver functions with an increasing emphasis on improvement and efficiency savings, our talented lawyers recognise the pressures that this brings. We have a long track record of advising government departments and the wider public sector, so our lawyers have the knowledge and expertise of your sector to ensure the very best level of advice.

We understand the pressures that you face, and keep a close eye on the ever-changing political environment in which you operate. We provide advice that is both tactically and culturally relevant.

Our ethos is to develop long-term mutually beneficial relationships with you, our clients. In practice that means we commit to delivering those things you should expect from your law firm as well as adding value to your organisation. Our aim is to be seen by you as an extension of your team and you should feel free to ‘bounce ideas’ off our people.

As a national law firm with offices in Birmingham, Exeter, London, Manchester and Nottingham, we are able to offer local support to government teams across England. We have over 900 staff, including 500+ lawyers and over 140 partners, who offer you a unique collection of specialisms across the commercial, public, health and insurance sectors. Our cross-sector experience allows us to bring commercial acumen to the advice we provide.

We really believe in offering our clients an exceptional client service and in 2014 we were the first UK law firm to receive the Investors in Customers (IIC) Gold Star Accreditation for Exceptional Client Service (ECS), and have recently undergone successful reaccreditation. ECS is key to our firm’s strategy ‘The Drive for Quality’. Through surveying our clients, IIC gave us the maximum award based on:  understanding client needs  meeting client needs  delighting clients  engendering loyalty

Richard Barlow, Partner

T: +44 (0)115 976 6208 / +44 (0)7801 037831 E: [email protected]

Richard is a leading public sector lawyer who is head of the firm’s public sector practice and is the CCS framework lead partner.

RM3786 General Legal Advisory Services

Public law

Our nationally recognised administrative and public law team advises on governance, vires and judicial review. The team advises our central government and NDPB clients on their statutory and administrative law obligations.

Case studies – the following is a small sample of Key people our experience and capability.

DBEIS – Oil and Gas Authority (OGA) Transfer Richard Barlow, Partner

Scheme

Following the decision to create the OGA as a t: +44 (0)115 976 6208 government-owned company, we advised upon m: +44 (0)7801 037831 the Transfer Scheme to ensure that the correct e: [email protected] assets, rights, property and liabilities were passed from the Department to the OGA. The work was Richard is head of our public sector practice and undertaken within a compressed timescale and the advises many administrative law compliance and transfer Scheme was project managed, drafted on decision-taking bodies. Richard heads our CCS time and within budget. Framework. He acts for central government, Natural

England, the Marine Management Organisation and Independent Parliamentary Standards many other government bodies. He has considerable Authority (IPSA) - MPs’ Security Measures experience of public law, government Transfer Vires Schemes and judicial review actions. We advised IPSA in relation to new arrangements

for securing the delivery of security measures for MPs at their homes and constituency offices in the light of the shooting of Jo Cox MP. The House of Laura Hughes, Partner Commons had arranged for a security firm to fit certain minimum security measures to all MPs’ t: +44 (0)115 976 6582 homes and constituency offices. We advised IPSA m: +44 (0)7824 370102 on the mechanism by which it could ensure the e: [email protected] firm was paid for this service notwithstanding that IPSA were not the contract holder, and also ways in which IPSA could retain oversight of the Laura specialises in administrative and public law and contract. has extensive experience of dealing with the governance and decision making of government Single Financial Guidance Body bodies. She has advised clients on a range of matters We advised the Money Advice Service (MAS) and including scope of statutory powers and functions, the Pensions Advisory Service (TPAS) in relation judicial reviews and public inquiries. She leads our to the creation of the Single Financial Guidance public law health practice and is client partner for IPSA Body. Our advice involved advising on the and a number of regulatory bodies. statutory transfer scheme including substantial redrafting of the scheme, employment, corporate and commercial contracts advice. We worked on the new constitutional documents for TPAS (as a post transfer dormant company) and worked on legacy contractual issues for MAS including dealing with a substantial dispute with an existing supplier.

RM3786 General Legal Advisory Services

Contracts

Our commercial teams are widely recognised for providing top-quality advice and support in relation to contracting, public procurement and business structures to all levels of government. Our expert team advises on contractual issues with specialist expertise across a variety of legal sectors with a particular focus on public-private relationships. We act for clients across the public sector and these include CCS, the NAO, the Cabinet Office, BEIS, the Oil and Gas Authority, CPS, NHSE and the HCA. Our lawyers are specialists whose ability to get to grips quickly with challenging legal and commercial problems is universally welcomed by our clients.

Case studies – the following is a small sample of our experience and capability.

Key people

Central London Community Healthcare NHS

Trust Peter Ware, Partner

We were instructed to provide full legal support to the Trust on the outsourcing of its corporate back- t: +44 (0)115 976 6242 office function. A competitive dialogue procedure m: +44 (0)7899 072682 was initiated under which a 10-year contract worth e: [email protected] up to £80 million was awarded to a private sector partner. We drafted the initial outsourcing contract which was heavily bespoked to address the nature Peter heads up our government and infrastructure of the commissioner as a public body and to team, specialising in complex procurement, shared capture the transformational vision for the services services, PFI, outsourcing and public sector joint and the incremental increase in scope over the life ventures. He is also a member of the CIPFA of the contract. In addition to full project support, procurement editorial board, the Consulting Editorial we supported detailed contractual discussions board for LexisNexis PSL Public Sector and the through dialogue before closing out the deal. executive board of the Procurement Lawyers Association. Nat ional Audit Office (NAO)

We advised the NAO on the replacement of its Anthony Nagle, Partner critical Oracle-based Enterprise Resource

Planning (ERP) system (for HR, Payroll and t: +44 (0)20 7871 8501 Finance business-related activities) with a new m: +44 (0)7930 552 946 Microsoft Dynamics AX-based ERP. Around 1,000 e: [email protected] NAO staff will access the new ERP system. We advised on the most appropriate contractual structure and contract terms and creating a multi- Anthony’s areas of expertise include a wide range of phased roll-out approach for the project. business and technology projects and restructurings in both the private and public sectors, including on-shore CCS and offshore outsourcing transactions, joint venture We advised CCS in relation to a new framework arrangements, IT procurement and the supply and for the purchase of gas and electricity. We acquisition of technology equipment, social media produced all contractual documents, including the advice, privacy and data-sharing transactions, data framework agreements, customer access breach issues, storage and customer data migration agreements, and customer contracts for the projects, software licensing and development, licensing supply of energy and ancillary services. This and reseller arrangements, disaster recovery solutions, included ensuring that complex and lengthy cross-border trading, distance selling and e-commerce. supplemental provisions, drafted to include CCS’s Anthony has acted for global and domestic clients, direct purchase of energy under Power Purchase including multinational companies, government Agreements, were included within the suite of departments and agencies, and start-up companies. documents in a coherent way.

Brexit – We are advising clients across the sectors upon the contract law implications of Brexit.

RM3786 General Legal Advisory Services

Competition law

Our competition practice advises on all aspects of competition law, advising national and multinational companies and the public sector. The team’s behavioural work includes advising national and multi-national clients on pricing and distribution strategies and dominance issues. It has defended numerous clients in investigations by the OFT/CMA and the European Commission as well as making leniency and immunity applications and bringing successful appeals before the Competition Appeal Tribunal in relation to the OFT’s construction cartel decision. It advises extensively on UK and multi-jurisdictional merger control and has considerable experience on the development and roll-out of competition law compliance programmes. Finally, the team has a wealth of experience in advising both central and local government on state aid matters.

Key people Case studies – the following is a small sample of our experience and capability.

Department for Business, Energy and Matthew Woodford, Partner

Industrial Strategy

We were appointed by BEIS to draft guidance on t: +44 (0)121 237 3965 the establishment of district heating schemes. This m: +44 (0)7824 370100 guidance included detailed commentary about the e: [email protected] impact of state aid requirements and how to act in a compliant manner. This guidance is being used Matthew specialises in advising clients on all aspects of nationally. competition law and has considerable experience in

both behavioural competition law and UK and multi-

Nottingham University Hospitals NHS Trust jurisdictional merger control. He acts for a broad range

(NUH) of national and internal companies, central and local

Advising NUH on the application of UK merger government and NHS entities. control rules to the proposed merger between NUH and Sherwood Forest Hospitals Foundation

Trust. More particularly, advice included strategic Peter Ware, Partner input on the application of merger control rules to the proposed transaction; drafting the merger t: +44 (0)115 976 6242 notification to the CMA and pre-notification m: +44 (0)7899 072682 discussions with it; coordinating input of the e: [email protected] specialist economic advisers; and coordinating input of the health regulator, NHS Improvement. Peter is head of the firm’s government and infrastructure team, heading up the commercial aspects of Browne Jacobson’s governmental practice (outside of Health) specialising in complex procurement, shared services, PFI, outsourcing and public sector joint ventures.

RM3786 General Legal Advisory Services

Construction law

Our work spans the life cycle of a construction project, from drafting and amending bespoke and standard form contracts to management of projects and disputes on major framework agreements and PFI/PPP contracts.

Key people Case studies – the following is a small sample of our experience and capability. Martin Cannon, Partner Her Majesty’s Customs and Excise Our role included drafting the framework t: +44 (0)121 296 0710 agreement, JCT call-off contracts, and Pre- m: +44 (0)7554 334902 Construction Services Agreement for works and e: [email protected] services to support HMRC’s Building our Future Locations and the Government Property Unit’s Hub Programmes, under which £900m of work will Martin specialises in construction, engineering and be performed. facilities management law for the public sector and is an expert in PFI/PPP; he also sits as an adjudicator. Department of Health We advised the DoH with regard to its national framework for capital investment schemes. The ProCure21+ National Framework was the previous Tim Claremont, Partner version of the framework agreement, which DoH entered into with six Principal Supply Chain t: +44 (0)20 7871 8507 Partners and their supply chains. m: +44 (0)7786 314610 e: [email protected] Government Department We advised in relation to a claim for defective Tim leads the firm's construction and engineering team. design and construction of refurbishment works to a landmark building in government use. Claims He has extensive experience advising clients in both domestic and international construction and existed against designers, contract administrators and contractors and the advice concentrated on engineering matters.

minimising the costs and parties involved.

RM3786 General Legal Advisory Services

Corporate law

Our specialist corporate team has considerable experience of advising public sector bodies on all aspects of company law and corporate governance. We also regularly advise on the incorporation by public bodies of companies and their participation in corporate joint venture vehicles and have also advised on many business transfers and mergers involving public sector organisations. Outside of the public sector, we have advised on many high-value corporate transactions including mergers and acquisitions, private equity transactions and joint ventures.

Key people Case studies – the following is a small sample of our experience and capability.

Cabinet Office Richard Medd, Partner We advised on corporate structuring, incorporation, and joint venture and share t: +44 (0)115 976 6256 purchase agreement issues in relation to the m: +44 (0)7920 257153 proposed project for the roll-out of photovoltaic e: [email protected] technology across the government estate.

Derby Teaching Hospitals NHS Foundation Richard Medd is our lead public sector corporate Trust lawyer with 15 years’ experience across the public and We advised on the successful £650m merger private sectors and has acted on some of the firm's between Derby Teaching Hospitals NHS biggest deals. Richard also specialises in providing Foundation Trust and Burton Hospitals NHS corporate advice to the public sector and in the last Foundation Trust. year has advised several public bodies including London Borough of Enfield and Mansfield District South West Audit Partnership Council on corporate structuring, joint ventures and We advised on the incorporation and governance incorporations. arrangements for the South West Audit KeyPartnership persons (SWAP), a shared service between 12 local authorities in the South West of England Leanne Wareham, Partner for the provision of internal audit services. t: +44 (0)115 976 6020 m: +44 (0)7811 125534 e: [email protected]

Leanne is a partner in our commercial health practice specialising in the health and social care sector and also leads the firm’s dedicated independent healthcare group. She advises NHS Trusts, private and third- sector clients and GPs on corporate law and corporate governance and contracting issues. Her experience includes handling joint ventures, mergers and acquisitions, disposals, management buy-outs and

buy-ins and a variety of contractual matters including

advising on the NHS Standard Contract. She also

advises on LLP and partnership matters.

RM3786 General Legal Advisory Services

Dispute resolution

We have an excellent reputation for providing cost- and time-effective solutions to clients, focusing on the early and effective use of ADR, in all its forms, as a means of obtaining results as quickly and cost effectively as possible in all types of disputes. We have provided advice to a wide variety of clients under the CCS framework including IPSA, the Northern Ireland Blood Transfusion Service and Nottingham University Hospitals NHS Trust.

Case studies – the following is a small sample of Key people our experience and capability.

Independent Parliamentary Standards Nichola Evans, Partner Authority (IPSA) Advised IPSA on the rights and liabilities of MPs t: +44 (0)330 045 2124 under the “MPs’ Scheme of Business Costs and m: +44 (0)7733 306502 Expenses” following the dissolution of Parliament. e: [email protected] This involved engaging with MPs where necessary to ensure compliance with the Scheme prior to the Nichola is the lead partner within the commercial 2015 Parliamentary election and the early dispute resolution team for public sector disputes and settlement of claims. has an in-depth understanding of the public sector. She has a strong track record of settling claims pre-issue. A number of NHS Trusts She has extensive experience of both the arbitration We have acted for a number NHS Trusts who and mediation processes and is a Board Member of each entered into a contract with an IT provider for the Civil Mediation Council, as well as being co-author the supply of electronic advertising notice boards. of “A Practical Guide to Alternative Dispute Resolution The boards were provided for “free” with a in Personal Injury Claims”. percentage of the material to be advertised coming from the Trust and the balance being the provider’s own adverts. The Trusts stopped the use of the screens and looked to terminate their contract with the provider. All matters required urgent, without prejudice negotiation and, following a lawyer-led settlement meeting, compromises were reached in all matters without the need for a mediator.

forBrexit the -provision We are advising of internal clients audit as services.to the consequences of Brexit including its impact on jurisdiction to ensure that the courts of England and Wales remain the jurisdiction of choice .We continue to monitor matters so that the UK is sufficiently aligned with EU rules to reduce the likelihood of conflicts.

RM3786 General Legal Advisory Services

Employment law

Our experienced lawyers and HR consultants understand the pressures and the nuances that apply for public sector organisations. We advise a number of public sector bodies including local government, central government, fire services, educational establishments and healthcare clients. Our goal is to deliver expert advice to support public sector clients in delivering their evolving roles and objectives. Our approach is focused on working with clients to support HR practice and to reduce the likelihood of employment disputes. Our team is well versed in advising on a full range of projects with employment implications and we work in partnership with a client’s HR team. We are advising clients upon the commercial employment law implications of Brexit, including issues relating to immigration and licences to sponsor.

Key people Case studies – the following is a small sample of our experience and capability.

Peter Jones, Partner Crown Prosecution Service

Advising in respect of TUPE liabilities and t: +44 (0)115 976 6180 associated contractual TUPE provisions in m: +44 (0)7798 584829 connection with a change in service provider e: [email protected] affecting c150 staff in the public sector.

A public sector Ombudsman Peter heads our national employment practice. He has

Advising in respect of a proposed restructure and over 20 years’ experience in all aspects of employment contractual changes, including providing initial law including contentious and non-contentious issues. strategic advice, reviewing and updating policy He advises on a wide range of employment-related documentation, advising in respect of the subjects and conducts his own advocacy at implications of the Civil Service Compensation employment tribunals in relation to all employment- Scheme, preparing template documentation and related disputes. Peter acts for many high-profile presentation materials, and assisting with organisations in both the public and private sectors and collective consultation and union negotiations. is the joint head of our fire services team, which has a national reputation. A public sector health organisation Successfully defending a claim for disability Sarah Hooton, Partner discrimination and unfair dismissal which was

listed for a 10-day hearing, given the number of t: +44 (0)115 976 6033 allegations made and witnesses involved. The m: +44 (0)7825 232309 claimant withdrew his claim following a robust e: [email protected] costs warning.

Sarah is a highly experienced associate working in our employment team. For a number of years she has been involved in numerous complex, high-value and high-profile employment issues acting for a wide variety of clients including those in the public sector, such as local authorities, fire services and healthcare establishments. She has a particular expertise in dealing with complex tribunal claims and transactions in both the public and private sectors involving TUPE.

RM3786 General Legal Advisory Services

Environmental law

We have a pre-eminent reputation for our environment practice and advise many government and other bodies upon environmental matters. We advise government bodies: DEFRA, DBEIS, Natural England, the Environment Agency, the Marine Management Organisation, the JNCC, British Geological Survey, the Welsh Government and Natural Resources Wales (NRW).

Case studies – the following is a small sample of Key people our experience and capability.

DBEIS Richard Barlow, Partner We acted for DECC, then DBEIS, upon the Transfer Scheme required to transfer the relevant t: +44 (0)115 976 6208 assets, rights and liabilities to the Oil and Gas m: +44 (0)7801 037831 Authority. We advised on the scope of due e: [email protected] diligence required to identify all the transferring elements. We drafted the Transfer Scheme on time and on budget. Richard has over 25 years’ expertise and experience of advising on a wide range of environmental and public DEFRA/Natural England law. His specialism in environmental law includes Following the designation of Bolton Fell Moss, an contaminated land, air and water pollution, waste active peat field operated by William Sinclair, as a management and statutory nuisance. Richard has also cSAC , Natural England was asked by DEFRA to dealt with sustainability and ‘green energy’ projects in a act as its agent in the buying-out of the peat wide range of fields. He is the firm’s head of public interests using CPO powers and to restore the sector. moss. We have acted as legal advisers to Natural England including providing advice on the main compensation settlement agreement with Sinclair, Laura Hughes, Partner ad vice on compensation, planning and general land acquisition. t: +44 (0)115 976 6582 m: +44 (0)7824 370102 Marine Management Organisation (MMO) e: [email protected] Secondment to MMO which is being funded through EU Exit money from Defra to help the Laura is a specialist environmental and public lawyer.

MMO undertake the work needed for Brexit. She is very experienced in legal challenge and judicial Assisting with various EU exit projects, as well as review work. Laura also specialises in compulsory undertaking elements of the ‘business as usual’ to purchase law and has extensive experience of dealing free up time for other MMO lawyers to focus on EU with the governance and decision making of Exit projects. government bodies.

Brexit - We are advising clients upon the profound environmental law implications of Brexit. We have provided training to the JNCC upon the Natura 2K Directives and our international nature conservation convention obligations.

RM3786 General Legal Advisory Services

EU Law

Our EU Team are specialists who strive to deliver quality services using the right mix of experience to deliver reliable value-for-money services. We routinely deal with all aspects of EU competition law, advising national and multinational companies and the public sector. In the past year, our competition lawyers have advised clients on issues such as Competition Act investigations by the Competition and Markets Authority (CMA), the application of multi-jurisdiction merger control rules to corporate acquisitions, UK merger control clearance, distribution strategies including internet restrictions and dawn-raid procedures. We have a large specialist aid practice which regularly advise both public and private sector bodies on the impact of the regime and also how best to structure deals to ensure compliancy.

Case studies – the following is a small sample of Key people our experience and capability.

Matthew Woodford, Partner Welsh Government

We continue to provide state aid, funding and t: +44 (0)121 237 3965 other advice to the Welsh Government in relation m: +44 (0)7824 370100 to a number of different interventions to accelerate e: [email protected] green investment in Wales, in particular those

relating to resource efficiency, renewables and

green energy and waste infrastructure. As well as Matthew specialises in advising clients on all aspects of advising on procurement, funding, vires and competition law and has considerable experience in property aspects, a key part of our advice relates both behavioural competition law and UK and multi- to state aid. Among the matters we have advised jurisdictional merger control. He acts for a broad range on are the transfer of funding agreements to of national and internal companies, central and local Finance Wales, the arrangements under which government and NHS entities. Finance Wales will manage a Welsh Government community energy fund, funding agreements relating to the Mynydd y Gwrhyd community wind farm, advice in relation to other wind farm funding, Peter Ware, Partner advice in relation an energy financing (recyclable loan) scheme, the compatibility between UK t: +44 (0)115 976 6242 m: +44 (0)7899 072682 government subsidy mechanisms for renewable energy generation with a number of different e: [email protected]

Welsh Government funding mechanisms and the funding of a local authority developed solar farm. Peter is head of Browne Jacobson’s government and infrastructure team, heading up the commercial NFU Sugar aspects of Browne Jacobson’s governmental practice Advising NFU Sugar on the renegotiation of the specialising in state aid, complex procurement, shared overarching agreement between NFU Sugar (on services, PFI, outsourcing, competition law, and public behalf of all sugar beet producers in the UK) and sector joint ventures. British Sugar Plc (the UK’s monopoly sugar producer). The renegotiation deals with the changes brought in by the new Single CMO Regulation (a reform of the Common Agricultural Policy) and, in particular, the phase-out of the quota system for sugar. The interpretation of the new Regulation is complex and requires a wider understanding of discussions that have taken place before the European Commission and European Parliament.

RM3786 General Legal Advisory Services

Information law including data protection law

We advise on all areas of information law from the compliance with the General Data Protection Regulation and the Data Protection Act 2018 to the Freedom of Information Act 2000. We advise on how best to protect organisations from data loss and the handling of data breaches, dealing with requests for subject access and the exercise of other rights by data subjects, freedom of information requests, storing and processing personal data, implementing appropriate contractual arrangements and data protection audits. Case study – the following is a small sample of Key people our experience and capability.

Ros Foster, Partner

An NHS body

We advised a significant NHS body on the t: +44 (0)20 7337 1015 information law aspects of various multi-agency m: +44 (0)7760 726726 arrangements, including as to the extent to which e: [email protected] its powers enabled it to process personal data lawfully, the position in relation to consent, the viability of using anonymised data for the exercise Ros is an experienced public, administrative and of its functions, information security requirements regulatory law practitioner. She trained in local needed in relation to any data sharing and the government and spent 11 years working in-house, terms of a multi-party data sharing protocol. dealing with a wide range of local government and both contentious and non-contentious public law matters. Transfer of data abroad Ros has substantial experience of information law. As We advised a significant public authority in relation well as advising on responses to requests made under to the transfer of personal data to a British FOIA/DPA and EIR, she advises on data sharing overseas territory, outside of the European between public sector bodies and has assisted clients Economic Area, including the most appropriate in relation to investigations by the Information method for doing so, and the wider data protection Commissioner and appeals to the First Tier and Upper issues to be taken into account and addressed in Tribunals. Ros regularly advises NHS Trusts on the context of both the GDPR and Data Protection matters relating to judicial review and disclosure both Act 2018. pre- and post-issue of civil litigation. Ros has recently assisted a third-sector client in dealing with a significant A Planning Authority data security breach. We advised a local planning authority in relation to data protection requirements in the context of the Matthew Alderton, Associate publication in the planning register of the personal data of applicants for planning permission and t: +44 (0)330 045 2747 consultees in response to planning applications. m: +44 (0)7970 575591

Brexit - We can assist with the drafting of e: [email protected]

information governance policies or the review of existing policies including how to make policies Matthew is an experienced public law advisor and more robust. We can also advise on information litigator who has provided advice and representation to sharing agreements and issues which you will clients in high profile and complex judicial review need to be mindful of to ensure that any data proceedings, statutory appeals, royal commissions and sharing complies with the Data Protection Act coronial inquests. He is also part of the firm’s data 1998 (and soon, the General Data Protection team and regularly advises public and private sector Regulation). To avoid breaches, penalties and clients in connection with their rights and obligations damaging publicity our approach is proactive, under Data Protection and Freedom of Information practical and we will provide you with data audits legislation. and bespoke, on-site training if required. We are currently helping a number of public and third- sector clients prepare for the GDPR.

RM3786 General Legal Advisory Services

Information technology law

We have respected and recognised specialists in both ICT and contract law. This team works closely with government, health and other public sector clients to advise on IT projects from procurement through to contract drafting, negotiation and ongoing service support. They have advised on the ICT aspects on a range of high-profile shared services projects in addition to stand-alone projects, such as outsourcing arrangements.

Case studies – the following is a small sample of Key people our experience and capability.

A government body Anthony Nagle, Partner We continue to advise a government body on the break -up of a major part of an existing large-scale t: +44 (0)20 7871 8501 complex IT outsourcing services contract (CGI is m: +44 (0)7930 552 946 the supplier) into various service groups, which e: [email protected] were put out to tender to the market. Advising on the complex service integration and management and collaboration arrangements that need to be Anthony’s areas of expertise include a wide range of put in place between a managing agent company business, commercial, technology and energy projects acting on behalf of the body, and the new and restructurings in both the public sector and private suppliers that have won the tenders for the new sector, including on-shore and offshore outsourcing service groups removed from the existing CGI transactions, joint venture arrangements, energy outsourcing contract. frameworks, restructuring frameworks and call-off Confidential contracts, IT procurement and the supply and We continue to advise the Independent acquisition of technology equipment, biometric and Parliamentary Standards Authority in relation to identification projects, social media advice, privacy and their ‘IPSA Online’ programme. This has included data-sharing transactions, data breach issues, storage advising strategically on the replacement of their and customer data migration projects, cybersecurity, process management systems and procuring and software licensing and development, disaster recovery implementing a new ERP to be accessed by all solutions, cross-border trading, distance selling and e- MPs and their staff as well as IPSA employees. commerce.

Confidential Richard Nicholas, Partner We advised the NAO on the replacement of its critical Oracle-based Enterprise Resource t: +44 (0)121 237 3992 Planning (ERP) system (for HR, Payroll and m: +44 (0)7920 825010 Finance business-related activities) with a new e: [email protected] Microsoft Dynamics AX-based ERP. Around 1,000 NAO staff will access the new ERP system. We advised on the most appropriate contractual Richard advises on a range of commercial matters structure and contract terms and creating a multi- including franchising, IT, outsourcing contracts and on phased roll-out approach for the project. contracts for the procurement and supply of other goods and services. His experience involves drafting and advising on franchising agreements with different structures for Vets4Pets (now Pets at Home), Interlink, DPD and Cuisine Schmidt.

RM3786 General Legal Advisory Services

Intellectual property law

Our IP team helps clients across a diverse range of sectors to effectively develop, manage and exploit their IP assets. We give straightforward commercial advice to meet the needs of our clients which is why we are chosen and trusted by global household names and luxury brands as well as startup businesses and individuals.

Our team of over 15 dedicated IP specialists spans the whole range of IP rights across both contentious and non-contentious matters. Many of our team have enhanced their knowledge and developed a true understanding of the issues facing business while working in-house or on secondment.

Key people Case studies – the following is a small sample of our experience and capability.

Welsh Government / Natural Resources Wales Declan Cushley, Partner A firm-wide multi-disciplinary team advised the t: +44 (0)20 7337 1042 Welsh Government on the transfer of m: +44 (0)7974 071690 environmental functions and assets in Wales from e: [email protected] the Environment Agency, Forestry Commission and Countryside Commission for Wales to a newly established single environmental body for Wales (now NRW). This included advising and discussing Declan is the head of our commercial and IP team, with with all parties the IP aspects of the transfer his key focus being on intellectual property law. He is scheme, reviewing and advising on transitional an intellectual property specialist and advises on a branding licences between the bodies, advice as variety of brand and intellectual property issues, to availability of the new body’s preferred name providing advice to clients on IP strategy, brand and logo for use and registration as a trademark, protection, IP development and exploitation. Declan is and strategic advice relating to filing of the new a Tier 1 leading Individual in Chambers & Partners, a applications. Leading Individual in Legal 500, and a Global 1000 Ranked Individual in World Trademark Review. Confidential We advised on the Cross-Promotion Agreement between Single Market Events (SME) and the Paula Dumbill, Partner client relating to BBC Worldwide’s staging of a live version of the BBC’s programme Countryfile to be t: +44 (0)115 976 6059 held at Blenheim Palace (Countryfile Live). BBC m: +44 (0)7920 257162 Worldwide is staging the event through SME who e: [email protected] work extensively with BBC Worldwide in turning key programmes into public-facing events. The client is to be a partner to the event. The Paula specialises in intellectual property and arrangement will provide the client with valuable technology law, providing advice on a wide range of promotion and marketing avenues. We have been commercial contracts, large-scale IT and outsourcing involved in the drafting and negotiation of the projects and on non-contentious intellectual property Cross-Promotion Agreement between SME and matters, working for clients from both the public and the client, as well as a brand licence between the private sectors. She also specialises in brand protection BBC and the client. and exploitation, advising on trademark protection issues for a number of leading high street brand retailers.

RM3786 General Legal Advisory Services

Litigation

We have a wealth of experience in conducting litigation for CCS clients including IPSA, CHP, the Environment Agency and the Northern Ireland Blood Transfusion Service, to name but a few. We regularly conduct cases in the small claims track, fast track and multi track from County Court to the High Court including specialist courts (Mercantile, TCC and Commercial Court). We also have experience of Arbitration (both domestic and international).

Key people Case studies – the following is a small sample of our experience and capability.

Cornwall Council Nichola Evans, Partner We acted for Cornwall Council in successfully defending a claim brought by BT. BT supplied ICT t: +44 (0)330 045 2124 services to Cornwall Council worth £160M. The m: +44 (0)7733 306502 Council alleged that BT was in breach of contract e: [email protected] by failing to hit the agreed KPIs. BT applied to the court for an injunction to restrain Cornwall Council from terminating the contract. Cornwall Council Nichola is the lead partner within the commercial defended the claim and the matter was heard at dispute resolution team for public sector disputes. She an expedited trial in December 2015. The has extensive litigation experience both in the domestic Commercial Court held that BT was in material courts and in arbitrations, and has significant advocacy breach of contract and that Cornwall Council was experience. In addition to her practice, Nichola sits on entitled to terminate the contract. The case can be the Law Society Council, the Law Society Civil Justice found in the All England Law Reports - [2015] All Committee and is a Board Member and Trustee on the ER (D) 228. Civil Mediation Council.

South Yorkshire Fire Authority We advised the Fire Authority in connection with the resumed inquest into the Hillsborough disaster and in particular the detailed disclosure exercise ordered by the Coroner. This included managing the disclosure from all other interested parties, preparing key areas of our client’s disclosure, instructing an expert to deal with the ground safety element and managing the Authority’s ongoing duty of disclosure to all interested parties. This matter was of particular importance to the South Yorkshire Fire Authority given the significant press coverage of the Hillsborough Inquests.

Brexit - We advise clients in relation to the consequences of Brexit and continue to monitor its potential impact on litigation including its impact on ADR, service of proceedings, reciprocal arrangements in relation to judgments and jurisdiction clauses.

RM3786 General Legal Advisory Services

Non-complex finance

Our banking and finance team offers a comprehensive and specialist service across the range of finance areas including advising on general banking matters (domestic and overseas, including loan agreements, guarantees and security arrangements), trade finance and finance litigation. The team regularly advises public sector clients on the funding of vehicles they are involved in, together with more sizeable, project finance transactions.

Case studies – the following is a small sample of Key people our experience and capability.

Homes & Communities Agency Paul Ray, Partner

We act for Homes & Communities Agency-

Investments on its ground-breaking Home Building t: +44 (0)121 237 3998

Fund providing debt finance into the residential m: +44 (0)7771 856931 house-building sector. One transaction we have e: [email protected] completed was for £23m of finance to deliver 460 units. Paul specialises in banking & finance law and acts for a range of UK and international banks, including RBS, Lenders and borrowers Lloyds, HSBC, Clydesdale Bank and Santander. We regularly act for lenders and borrowers in the social housing sector and we are currently acting He regularly acts on banking and finance transactions for a registered provider on a £75m bond issue. for clients in the public sector; this includes advising

public sector bodies (e.g. registered providers, NHS Various local authorities Trusts and local authorities) when they are borrowing We have advised various local authorities on the on their terms with their funders. Local Authority Mortgage Scheme (a precursor to the national Help to Buy scheme).

A local authority We are currently acting for a local authority on the funding arrangements of a joint venture with Kier to develop a business zone.

RM3786 General Legal Advisory Services

Outsourcing

Appointing and managing third parties can be complex and time consuming and getting it wrong can be costly and disruptive. Successful relationships are based on cultural fit, trust, experience and alignment of systems and processes. From initial due diligence, to tender, negotiation and exit planning, our team provides strategic advice throughout the outsourcing cycle. We offer a strategic approach to supplier appointment, contracts, KPIs and SLAs to protect your business and bottom line for long-term and productive relationships.

Case studies – the following is a small sample of Key people our experience and capability.

A government body Peter Ware, Partner We advised on a business-critical outsourcing of systems and Point of Sale systems that saw the t: +44 (0)115 976 6242 client replenishing their point of sale equipment as m: +44 (0)7899 072682 well as their financial software and hosting of e: [email protected] financial information across their entire estate. This involved negotiation with several providers Peter heads up our government and infrastructure over a number of months, with deals being team, leading the commercial aspects of Browne contingent upon shared milestones being met and Jacobson’s governmental practice, specialising in project management of the transition. complex procurement, shared services, PFI, Confidential outsourcing and public sector joint ventures. Advising a public sector client on the replacement of its critical Oracle-based Enterprise Resource Planning (ERP) system (for HR, Payroll and Anthony Nagle, Partner Finance business-related activities) with a new Microsoft Dynamics AX-based ERP. Around 1,000 t: +44 (0)20 7871 8501 NAO staff will need access to the new ERP m: +44 (0)7930 552 946 system. Advising on the most appropriate e: [email protected] contractual structure and contract terms and creating a multi-phased roll-out approach for the project. Anthony’s areas of expertise include a wide range of business and technology projects and restructurings in

both the private and public sectors, including on-shore and offshore outsourcing transactions, joint venture arrangements, IT procurement and the supply and acquisition of technology equipment, social media advice, privacy and data-sharing transactions, data breach issues, storage and customer data migration projects, software licensing and development, licensing and reseller arrangements, disaster recovery solutions, cross-border trading, distance selling and e-commerce. Anthony has acted for global and domestic clients, including multinational companies, government departments and agencies, and start-up companies.

RM3786 General Legal Advisory Services

Partnership law

We have extensive experience in advising on public-private partnerships and joint ventures across all sectors and have advised on many hundreds of acquisitions and disposals, including for the public sector. Our experience includes advising on contentious and non-contentious partnership matters.

Case studies – the following is a small sample of Key people our experience and capability.

NHS Trusts Olympic legacy joint venture Richard Medd, Partner We are acting as lead advisor on a joint venture between 3 NHS trusts and 3 universities to t: +44 (0)115 976 6256 establish a national centre for sports and exercise m: +44 (0)7920 257153 medicine as part of the 2012 Olympics’ legacy e: [email protected] project which received £10m of grant funding from the Department of Health. We advised on key governance issues, drafted heads of terms setting Richard has a long experience of advising public sector and prepared a joint venture agreement. bodies on joint ventures and corporate governance. He regularly advises on corporate joint venture structures National Water Sports Centre and other forms of partnership, including the drafting of We advised Nottinghamshire County Council complex partnership agreements. (NCC) to procure a development partner for the National Water Sports Centre (NWSC). The NWSC is a strategic asset of NCC and a sporting Peter Ware, Partner destination of national importance.

t: +44 (0)115 976 6242 London Borough of Hounslow m: +44 (0)7899 072682 We advised Hounslow Borough Council on the externalisation of part of its education service. It e: [email protected]

was an innovative project involving the appointment of a strategic partner through a joint Peter heads up our government and infrastructure venture arrangement procured by way of team, leading the commercial aspects of Browne competitive dialogue and the set-up of a Jacobson’s governmental practice, specialising in framework agreement for catering services. complex procurement, shared services, PFI,

outsourcing and public sector joint ventures.

RM3786 General Legal Advisory Services

Pensions

Pauline Anning will be subcontracted from Pension Partners LLP. We regularly engage Pauline to provide pensions advice on a range of projects and deals and have worked with Pauline in respect of a number of different public sector bodies including local government and fire services. We are advising clients upon the commercial pension law implications of Brexit.

Key people Case studies – the following is a small sample of our experience and capability.

Pauline Anning, Consultant Local Authority Alternative Service Delivery

Vehicles t: +44 (0)1905 641934 Advising a number of different local authorities in m: +44 (0)7950 109175 respect of the use of alternative service delivery e: [email protected] vehicles, including access to the LGPS, NHS and

TPS in respect of those vehicles, and the scope available to withdraw public sector participation. Pauline has over 24 years’ experience in advising

corporate entities, public authorities, trustees and Public Sector Outsourcing unions in respect of occupational pension Advising a number of public sector organisations arrangements. In 1992 she advised the National Union in respect of the outsourcing of various services, of Journalists in respect of their position on the Mirror such as leisure facilities, including the contractual Group pension schemes following the death of Robert provisions required to ensure compliance with Maxwell. During her career she has advised on every COSoP, Best Value, Fair Deal and New Fair Deal. aspect of occupational pension schemes.

Confidential

Currently advising the Independent Parliamentary Sarah Hooton, Partner

Standards Authority on major amendments to their

MPs Pension Scheme following external review. t: +44 (0)115 976 6033

We are working with Burness Paull to provide this m: +44 (0)7825 232309 advice. e: [email protected]

Sarah is a highly experienced partner working in our employment team. She has for a number of years been involved in numerous complex, high-value and high- profile employment issues, acting for a wide variety of clients including those in the public sector, such as local authorities, fire services and healthcare establishments. She has a particular expertise in dealing with complex tribunal claims and transactions in both the public and private sectors involving TUPE.

RM3786 General Legal Advisory Services

Planning law

Our specialist planning unit will provide you with the focus, strategy, organisation and attention to detail needed to operate effectively in the planning system, and our combination of chartered town planners and lawyers enables us to provide a one-stop shop throughout the planning process.

Key people Case studies – the following is a small sample of our experience and capability.

Homes and Communities Agency Richard Barlow, Partner As panel lawyers to the HCA we have extensive planning experience in respect of a wide range of t: +44 (0)115 976 6208 government development. We advised in relation m: +44 (0)7801 037831 to negotiation and production of a scheme for the e: [email protected] development of the Bucknall Hospital site in Stoke on Trent. Planning obligations dealt with affordable housing, education, public open space and Richard has over 25 years’ expertise and experience of management and maintenance contributions. We advising on a wide range of planning and public law. have advised on development agreements and an He is the firm’s head of public sector. He has Undertaking in relation to the Gedling Access conducted planning inquiries and regularly advises on Road which unlocks development of the former all aspects of planning policy, development control and Gedling Colliery. enforcement.

Natural England

We continue to act for Natural England in its largest (eight-figure value) development project for Laura Hughes, Partner the restoration of the raised peat bog Bolton Fell

Moss in Cumbria. We advised upon both planning t: +44 (0)115 976 6582 and land strategies leading to our submission of m: +44 (0)7824 370102 an EIA-compliant planning application for the e: [email protected] restoration of the 300ha peat bog together with the making of 5 Compulsory Purchase Orders, providing advocacy to a public inquiry into the Laura is a specialist planning and public lawyer. She Orders, dealing with all steps to acquire has experience of undertaking advocacy at planning land. Furthermore our management of the inquiries and is very experienced in legal challenge and planning process led to the main planning judicial review work. Laura also specialises in permission being granted in less than 10 weeks compulsory purchase law and has extensive from its submission. environmental law experience. Her practice covers all aspects of planning policy, development control and Lutterworth East enforcement. We are acting for Leicestershire County Council, which is a major landowner, in relation to the proposal for residential development (c2,500 houses) at Lutterworth East, advising upon Local Plan allocation, development agreements and compulsory purchase of land for a link road.

RM3786 General Legal Advisory Services

Projects/PFI/PPP

Delivering a major or complex project effectively requires experience of procuring and delivering complex project finance and PPP arrangements, and the ability to integrate legal support across a number of areas such as employment, pensions, construction, intellectual property, insurance and others. Our lawyers have a wealth of experience of delivering such major projects, and of advising government bodies by drawing in experience from across this wide range of specialisms.

Case studies – the following is a small sample of Key people our experience and capability.

Debt Management Office (DMO) Craig Elder, Partner We advise DMO on a major project to replace an existing trading platform. This includes advice on t: +44 (0)115 976 6089 the procurement structure, and drafting and m: +44 (0)7703 546945 negotiating all contractual documentation. As this e: [email protected] platform is the route by which the UK buys and sells £billions of sovereign debt each year, in order Craig has a wide range of experience of structuring to ensure that central government can meet its complex competitive dialogue procurements, drafting financial obligations, it is hard to overstate the and advising on strategic service arrangements strat egic importance of this advice. (including those between public bodies) and advising public and private sector clients on high value and Government of Malaysia (GoM) innovative PFI and PPP projects. These projects have We acted for GoM on the waste-to-energy PPP included some of the highest-value PPPs in the UK to project for Kuala Lumpur. This project has seen a date. PFI (i.e. design, build, finance and operate) entered into with an international consortium to construct a state-of-the-art municipal waste facility. Stephen Matthew, Partner We advised on all aspects of the transaction, including seeking to conform GoM’s procurement t: +44 (0)207 871 8505 practice, and commercial stance, with international m: +44 (0)7786 125796 norms. e: [email protected] Crown Commercial Services (CCS) This matter represented a key partnership between private and public sectors to reduce the Stephen specialises in regeneration, joint ventures, cost of gas and electricity across government. We procurement and outsourcings. He enjoys taking a advised on: (i) structuring the procurements - for hands-on approach to working with clients, managing example: the way in which the frameworks were teams to deliver complex deals, where different allocated into lots, including an innovative multi-lot disciplines need to be engaged. structure set up to address the client’s commercial concerns and desire to increase participation; (ii) drafting the procurement documents; (iii) drafting the contractual documents including the framework agreements for gas and electricity, customer access agreements, and customer contracts for the supply of energy and ancillary services; and (iv) ensuring that complex and lengthy supplemental provisions, drafted to include CCS’ s direct purchase of energy under Power Purchase Agreements, were included within the suite of documents in a coherent way.

RM3786 General Legal Advisory Services

Public Procurement Law

Our government and infrastructure team is widely recognised for providing top- quality advice and support in relation to contracting, public procurement and business structures to all levels of government. We regularly advise clients on complex procurement issues which require a genuine understanding of the public procurement regime and how the public sector operates. We work closely with our clients such as CCS, CPS, the NAO, the Cabinet Office, NHSE, the HCA and numerous other public bodies. Our specialist team is also there to support clients should a challenge be brought and we have a good track record of defending challenges brought by private sector providers. Our lawyers are specialists whose ability to get to grips quickly with challenging legal and commercial problems is universally welcomed by our clients.

Case studies – the following is a small sample of Key people our experience and capability.

Cabinet Office Peter Ware, Partner We were brought in partway through the project to replace previous legal advisers in relation to the t: +44 (0)115 976 6242 procurement of a private sector partner to m: +44 (0)7899 072682 establish a joint venture and a framework e: [email protected] agreement accessible to all public bodies in the UK. We had to redesign the arrangement from a Peter heads up our government and infrastructure procurement perspective and do that quickly in team, specialising in complex procurement, shared order to ensure the project remained on track. Our services, outsourcing and public sector joint ventures. work was widely praised as finding a new and He is also a member of the CIPFA procurement innovative way of getting the client to where they editorial board, the Consulting Editorial Board for wanted to be. Peter led the procurement analysis LexisNexis PSL Public Sector and the executive board and advice on structures. of the Procurement Lawyers Association.

NHS England We were appointed to advise NHS England (NHSE) on its first major procurement of a £33m Anja Beriro, Partner critical -telephony services contract for the new 111 Number. The NHS 111 service is a key component t: +44 (0)115 976 6589 in the drive to improve patient access to urgent m: +44 (0)779 6343136 and emergency care whilst helping to avoid e: [email protected] attendances at A&E by directing patients, where appropriate , to alternative sources of care and Anja specialises in advising public bodies on their treatment. This is aligned to the NHS’s strategy of trying to move more care out of acute hospital duties and obligations under the public procurement settings and closer to home. We designed and regime and how to run successful and compliant delivered an innovative procurement route within a procurement exercises; managing complex projects that require lawyers and other advisors from different wider public sector context on time and to the disciplines; providing commercial and governance great satisfaction of the project team. We have recently been reappointed to advise on the advice to a wide range of public authorities; advising procure ment of the replacement contract. public bodies on alternative service delivery models, in particular outsourcing of service delivery and corporate vehicles. She has previously worked in-house as a Brexit – we are working with a large number of solicitor for Sheffield City Council and managed a clients to work through the potential ramifications three-year ERDF-funded project for an environmental of the UK exit from the EU, particularly those charity. relating to large-scale procurements which may continue through into a new regime.

RM3786 General Legal Advisory Services

Real Estate and Real Estate Finance

Our property team consists of over 50 legal advisors. We work hand in hand with banking, planning, construction and other specialists to provide a joined-up full- spectrum service. Our public sector clients include, amongst others, Department of Work and Pensions, HMRC, Homes and Communities Agency, Defence Infrastructure Organisation and over 150 local authorities.

We have a particular focus in public sector rationalisations and major government projects.

Case studies – the following is a small sample of Key people our experience and capability.

Dominic Buckley, Partner Department for Work and Pensions

As part of the Government's wider estates t: +44 (0)330 045 2106 strategy, we advised (alongside two other firms) m: +44 (0)7867 123378 DWP in connection with the largest-ever UK e: [email protected] reverse PFI portfolio transaction (also the largest property deal by volume in Europe in 2016). Our role involved advising on circa 200 new leases; Dominic is a partner in our property team. Dominic has assignments and lease renewals as well as extensive public sector experience and heads up the devising precedents and inputting into central successful relationship with the Department of Work strategy. and Pensions.

HMRC We have advised HMRC on management of its Paul Ray, Partner property portfolio over the last two years. Recently this included the first steps of structuring the t: +44 (0)121 237 3998 rationalisation of its UK property portfolio from 140 m: +44 (0)7771 856931 offices to 13 regional centres. e: [email protected]

Homes and Communities Agency – Investments Acting for HCAi providing debt finance into the Paul is a partner and leads our banking and finance residential house-building sector. Over the last team. He has a wide range of experience in all areas of year we have completed 12 transactions (lending real estate finance and heads up our relationship with of £44m and delivering 680+ units). This is HCAi. banking led and includes the full suite of development finance & security documentation.

RM3786 General Legal Advisory Services

Restructuring / Insolvency

We have a dedicated insolvency team operating from London and Nottingham which has been involved in some of the world’s largest insolvencies. The team has particular experience in contentious and cross-border insolvency work and managing complex cases involving multiple jurisdictions.

Delivering a responsive, commercially focused result is central to everything we do, whether we are representing creditors, other stakeholders, or working collaboratively with insolvency practitioners to restructure the company’s business.

Case studies – the following is a small sample of Key people our experience and capability.

John Adams, Partner Bernard L. Madoff

As sole UK and strategic Counsel to the US SIPA t: +44 (0)20 7337 1002 Trustee of Bernard L. Madoff we have assisted the m: +44 (0)7471 148387 Trustee in recovering billions of dollars in claims e: [email protected] spanning the Commonwealth, Europe and

England, leading all the way to the Privy Council.

Our role has included coordinating multiple legal teams across the globe and developing the law in John specialises in complex cross-border insolvency cross -border insolvency. and finance-related disputes. His expertise includes contentious insolvency, international fraud and asset London Borough of Croydon recovery, investigations and general commercial We are advising the council on various insolvency disputes. He has advised on several High Court and matters including the collapse of construction appellate court proceedings in England as well as in giant, Carillion, and on the recovery (including overseas jurisdictions including the British Virgin matters where a bankruptcy order has been made Islands, the Cayman Islands, the United States, Hong and is then contested or an application for an Kong, Russia, India, Panama and continental Europe. annulment is made) of constituent liabilities.

Natural England We advised Natural England in relation to the insolvency of a group of companies with whom Natural England was developing a planning Emma Taylor, Associate application to restore a factory site for nature conservation. Natural England had acquired part t: +44 (0)115 908 4810 of the land and sought advice on the various m: +44 (0)7787 808478 options open to it including the funding of the e: [email protected] project, the existing liabilities, dialogue with the Administrators and the effect of the Administrator disclaiming the land. Emma specialises in contentious and non-contentious corporate and personal insolvency matters including Brexit – It is too early to tell what approach the cross-border work. She also advises in relation to Government and the remaining EU members will commercial dispute resolution including contractual take in respect of the EU insolvency regulations, claims. but we are expecting there to be either consensus that the regulations model will continue to apply for She has over 10 years’ experience in dealing with a the purpose of recognition and cooperation wide range of insolvency matters but is particularly between England and member states, or other skilled and knowledgeable in dealing with contentious regimes, such as the Model law, will be adopted. insolvency disputes. We are monitoring the position and will communicate any significant developments.

RM3786 General Legal Advisory Services

Tax law

Our tax team provides commercially focused, technically sound tax advice and we act for a broad range of clients in the public sector, including NHS bodies, local authorities, government bodies and schools. Our tax practice also advises many private sector companies, including in relation to public-private joint ventures.

Case studies – the following is a small sample of Key people our experience and capability.

Welsh Assembly Government Andrew Noble (CTA), Partner We advised the Welsh Assembly Government on various tax issues (including corporation tax, VAT t: +44 (0)121 237 3952 and Stamp Duty Land Tax) in connection with the m: +44 (0)7920 496718 transfer of certain governmental functions from the e: [email protected] Environment Agency, the Forestry Commission and the Countryside Council for Wales, to the Welsh Assembly Government. We also advised on Andrew heads up the tax department here at Browne relevant secondary tax legislation, enacted in Jacobson and specialises in public sector, corporate, connection with this transfer. and real estate tax issues, covering both direct and indirect taxes, on a structural and transactional support Shropshire Council basis. He has 20 years’ experience advising a wide We continue to advise Shropshire Council on range of clients in the public and private sectors. their purchase of the entire interest in three Andrew is dual qualified as a solicitor and Chartered shopping centres in Shrewsbury town centre Tax Adviser, and is a member of the Chartered Institute for £50m. The shopping centres are currently of Taxation’s technical sub-committees for Property held off-shore and when purchasing the Taxes, Welsh Tax matters, and Owner Managed interest in them we provided in-depth advice Businesses. as to the tax position. The client is now looking to change the ownership structure and again we will be advising on tax Beth Dowson, Technical Director implications including SDLT and capital gains tax. t: +44 (0)115 976 6186 m: +44 (0)7985 934445 e: [email protected]

Beth is the technical director in our corporate tax team,

advising on the taxation aspects of a wide range of property, corporate and commercial transactions. Beth provides internal taxation support to her colleagues on various matters as well as providing direct tax advice to clients.

RM3786 General Legal Advisory Services

Optional Specialisms

RM3786 General Legal Advisory Services

Education law

As a full-service law firm, with an education team which is independently recognised as one of the best in the country, we are very well placed to provide you with high- quality expertise and advice on any legal matter or issue you may have. We have an established client base of over 1,000 education sector clients of all sizes.

Key people Case studies – the following is a small sample of our experience and capability.

National College for Teaching & Leadership Mark Blois, Partner (NCTL) - investigation and regulatory prosecution of teachers for misconduct t: +44 (0)115 976 6087 Browne Jacobson is one of only two firms m: +44 (0)7930 398016 nationwide that have conduct of the investigation e: [email protected] and regulatory prosecution of teachers for misconduct within the education profession. Our Mark is a partner and head of the education team at in-house barristers present high-profile cases before Professional Conduct Panels which can Browne Jacobson, a leading national education law result in teachers being disbarred from the firm. Mark’s early legal career included working in a profession. large commercial law firm in Chicago, USA and serving a term as a Judicial Assistant to the Court of Appeal in Department for Education – Risk Protection London. He qualified as a solicitor at Browne Jacobson Arrangement – legal advice for member in 1998 where he initially represented local authorities academies and schools in claims arising out of alleged failure to The Risk Protection Arrangement (RPA) is an educate and bullying at school. Since then Mark has alternative to commercial insurance for academy almost 20 years’ experience as an education lawyer. trusts. Under RPA, the UK government covers the losses instead of commercial insurance. Browne Jacobson is one of only two firms nationwide that are instructed to provide legal advice and support Nick MacKenzie, Partner to academies who are members of the RPA in relation to the full range of claim types. t: +44 (0)121 237 4564 m: +44 (0)7920 494713 Kent County Council – advice relating to Weald e: [email protected] of Kent Grammar School proposed Sevenoaks annexe We were instructed by Kent County Council acting Nick leads the education team on corporate and as landlord in relation to the property and governance matters and also heads up our construction elements for the high-profile Weald of Birmingham and London education teams. He has Kent Grammar School proposed Sevenoaks extensive experience of advising education charities, grammar school annex with a build cost of circa academies, schools, further education and sixth-form £20m. colleges, local authorities and not-for-profit organisations on governance issues, joint ventures, collaborations and establishing trading companies. Nick also works with further education and sixth-form colleges and schools on collaborations and joint ventures.

RM3786 General Legal Advisory Services

Child law

Our child law team has a national reputation for advising on high-profile child law issues. These include Inquests, Serious Case Reviews, Inquiries, civil and criminal proceedings as well as delivery issues such as Children’s Trusts and Overstaying Families.

Case studies – the following is a small sample of Key people our experience and capability.

NA v Nottinghamshire County Council - [2017] David Maggs, Partner [2017] UKSC 60 We represented Nottinghamshire County Council t: +44 (0)207 337 1005 in respect of this landmark case which defined the m: +44 (0)7879 885216 law for the public sector in respect of the extent of e: [email protected] their non-delegable duties and their vicarious liability. The Supreme Court took the opportunity David specialises in acting for public sector clients on to extend the doctrine of vicarious liability but matters arising out of their child law functions, rejected the Claimant’s arguments in respect of particularly when reputational issues are at stake. He non-delegable duties. The case concerned has represented clients at all stages of child protection whether a local authority owed a non-delegable concerns and applies this detailed knowledge to advice duty and/or was vicariously liable in respect of on service delivery. abuse by foster parents of children in their care. A key aspect of the defence of the claim involved the impact on fostering provision. Sarah Erwin-Jones, Partner

Overstaying Families Intervention Team t: +44 (0)115 976 6136 We were engaged by one local authority to m: +44 (0)7887 754831 support their Overstaying Families Intervention e: [email protected] Team. The unbudgeted spend for the authority on overstaying families was substantial. We were brought in, as part of the project team, to revamp Sarah is a specialist in the social care sector. She has the approach to overstaying families with a view to broad experience of acting on behalf of public sector reducing the unbudgeted spend. We were able to organisations across England and Wales. She is acting identify inconsistencies between the families’ for one of the core participants in the IICSA and representations to the immigration authorities and regularly advises clients where reputational or strategic to the local authority and to ensure that the issues are to the fore. assessment processes were robust and able to withstand Judicial Review. We have fought appropriate cases – see MN & KN v Hackney London Borough Council [2013] EWHC 1205 (Admin) and achieved the authority’s target savings.

RM3786 General Legal Advisory Services

Energy and natural resources

Our team has significant experience in dealing with power generation, renewables - wind, solar and tidal - oil and gas, energy disputes and utilities. We have specialist industry knowledge acting on major energy technology collaborations, procurement, joint ventures, contractual negotiations, property management, outsourcing, competition issues, employment and industry regulation.

Key people Case studies – the following is a small sample of our experience and capability.

CCS Stephen Matthew, Partner We advised CCS on a key partnership between the private and public sectors to reduce the cost of t: +44 (0)207 871 8505 gas and electricity across the public sector. We m: +44 (0)7786 125796 advised on structuring the procurements, an e: [email protected] innovative multi-lot structure set up to increase participation; drafting the framework agreements Stephen specialises in procurement and infrastructure for gas and electricity, customer access projects, mainly for public bodies. He has advised on agreements, and customer contracts for the energy from waste projects, renewable energy deals and supply of energy. Each power purchase district heating schemes. He has substantial procurement agreement’s (PPA) duration was between 10 and and public law knowledge and practical experience, 15 years, and the relevant PPAs have an OJEU having, for example, advised on the GLA RE:FIT estimated value of up to £376.2 million. framework.

GLA and Local Partnerships RE:FIT. Setting up of a framework - helping to draft the framework contract and call-off contract. Craig Elder, Partner https://www.london.gov.uk/what-we- do/environment/energy/energy-buildings/refit t: +44 (0)115 976 6089 m: +44 (0)7703 546945 Department for Business, Energy and e: [email protected] Industrial Strategy We were appointed by BEUS to draft guidance on Craig has a wide range of experience in structuring the establishment of district heating schemes. This complex competitive dialogue procurements, drafting guidance included detailed commentary about the and advising on strategic service arrangements impact of state aid requirements and how to act in (including those between public bodies) and advising a compliant manner. This guidance is being used public and private sector clients on high value and nationally and led from our being appointed by innovative PFI and PPP projects. These projects have Manchester City Council to advise on their flagship included some of the highest-value PPPs in the UK to district heating system in their Civic Quarter. date.

Government of Malaysia We advised GoM’s PPP Unit on the procurement of the first large-scale waste incinerator (energy from waste) plant in the country, to process 1,000 tonnes per day of solid municipal waste in Kuala Lumpur.

RM3786 General Legal Advisory Services

Food, Rural and Environmental Affairs

We have a pre-eminent reputation for our environment practice and advise many government and other bodies upon environmental and regulatory matters and food and rural affairs.

We advise government bodies: Natural England, the Environment Agency, the Marine Management Organisation, the JNCC, British Geological Survey and Natural Resources Wales (NRW).

Key people Case studies – the following is a small sample of our experience and capability.

DEFRA/Natural England Richard Barlow, Partner Following the designation of Bolton Fell Moss, an active peat field operated by t: +44 (0)115 976 6208 William Sinclair as a cSAC, Natural England m: +44 (0)7801 037831 was asked by DEFRA to act as its agent in e: [email protected] the buying-out of the peat interests using CPO powers, and restoring the moss. We have acted as legal advisers to Natural Richard has over 25 years’ expertise and experience of England including providing advice on the advising on environmental law with specialism in nature main compensation settlement agreement conservation and governance issues. with Sinclair, advice on compensation, planning and general land acquisition.

Welsh Government (WG): Green Laura Hughes, Partner Investment Fund We advised WG on its proposals to t: +44 (0)115 976 6582 accelerate green investment in Wales and to m: +44 (0)7824 370102 develop resource efficiency, renewables and e: [email protected] waste infrastructure. We advised on structure, procurement, funding, vires, state Laura is a specialist environmental lawyer. She has aid and property aspects. experience of advising on agricultural funding schemes

and regulatory decision-taking.

Welsh Government: Natural Resources Wales A firm-wide multi-disciplinary team advised the Welsh Government on the transfer of environmental functions and assets in Wales from the Environment Agency, Forestry Commission and Countryside Commission for Wales to a newly establi shed single environmental body for Wales (now NRW). This included drafting the transfer scheme and liaising with DEFRA, Environment Agency and Forestry Commission lawyers

RM3786 General Legal Advisory Services

Franchise law

Our Franchising Team regularly drafts, advises on and reviews franchise models, as well as dealing with disputes where these arise. This typically involves strategic advice on issues including:

 brand protection and licensing  the use of databases (from an intellectual property and data protection perspective)  sharing of data between the public and private sectors and competition law  setting up of joint ventures and similar models  procurement issues (both public procurement and group purchasing)  compliance with the General Data Protection Regulation (GDPR) and  advising on Brexit and international issues in respect of franchise networks.

As well as the health sector and public sector, more generally we support franchise models in from retail, transport and logistics, finance, and education sectors with franchise work carried out for the likes of Cuisine Schmidt UK, Interlink Express Parcels, Thomas Pink, De Beers Diamond Jewellers, Nicole Farhi, Joseph, Joules, Cash Generator, Vets4Pets (now Pets at Home) and Vision Express.

Key people Case studies – the following is a small sample of our experience and capability.

Vision Express Richard Nicholas, Partner

We act for one of the leading national optical retailers with many hundreds of stores in this t: +44 (0)121 237 3992 m: +44 (0)7920 825010 country and overseas on data protection, commercial and franchising issues. We have also e: [email protected]

advised on disputes with its franchisees and on

the effective use of ADR and commercial Richard advises on a range of commercial matters negotiation. Our involvement meant that a new including franchising, IT, outsourcing contracts and on franchise agreement was put in place which gave all parties the clarity and certainty that was lacking contracts for the procurement and supply of other goods and services. His experience involves drafting in the previous arrangements. and advising on franchising agreements with different structures for Vets4Pets (now Pets at Home), Interlink, Vets4pets (now Pets at Home) We drafted a number of different franchise DPD and Cuisine Schmidt.

agreements for this franchisor of vet services. These were structured differently so as Jonathan Tardif, Partner to include profit-sharing joint ventures, shared property ownership and licence t: +44 (0)115 908 4803 arrangements. One key area was the procurement m: +44 (0)7920 494704 of products and IT services on behalf of all of the e: [email protected] franchisees and ensuring a robust, compliant agreement. Having drafted the agreements we continued to advise on issues around the ongoing Jonathan specialises in managing contractual disputes management of the franchisees. for public sector organisations and large private

companies. Where appropriate, Jonathan promotes the

use of ADR (including mediation and expert determination) as a means of minimising the expense of management time and cost that can be associated with such disputes.

RM3786 General Legal Advisory Services

Health and Healthcare law

We have one of the largest health and social care legal practices in England, representing nearly a quarter of our annual turnover. It is a key sector for us and one that we are truly passionate about. Our presence in the sector was recognised by being shortlisted in four categories in this year’s HealthInvester awards: Legal Advisors – private, Legal Advisors – public, Legal Advisors – transactional private and Legal Advisors – transactional public.

Key people Case study – the following is a small sample of our experience and capability.

NHS England – NHS 111 project Gerard Hanratty, Partner In November 2013 we were appointed to advise NHS England (NHSE) on its first major t: +44 (0)330 045 2159 procurement of a £33m critical-telephony services m: +44 (0)7921 685815 contract for the new 111 Number. As a result of e: [email protected] our work on the 111 project and in particular our involvement in preparing the ‘procurement toolkit’ Gerard provides specialist public law input, especially for CCGs to use, we were also appointed by the West Midlands CCGs to commence a on NHS commissioning and provider functions and powers, as well as how to integrate and work jointly procurement for a new NHS 111 provider and this work is ongoing. with local authorities within an STP footprint. He has significant knowledge of statutory interpretation and

Welsh Government functions, service reconfiguration and consultation, judicial review, regulatory processes and information Advising the Welsh Government on their ongoing General Medical Services (GMS) Contract Reform law. He has extensive experience of guiding NHS bodies through the legal framework introduced by the Programme. As well as advising on the drafting of the GMS contract, we are advising on the Health and Social Care Act 2012 – for example, Gerard has advised NHSE on the authorisation of CCGs and surrounding public law issues.

the delegation of functions to CCGs so they can commission primary medical services.

Jonathan Hayden, Partner

t: +44 (0)121 237 4551

m: +44 (0)7825 616292

e: [email protected]

Jonathan is a partner in our commercial health group advising our healthcare clients on commercial contracting and projects, statutory duties and compliance.

RM3786 General Legal Advisory Services

Health and Safety law

Browne Jacobson’s ten-strong regulatory team is headed by partner Andy Hopkin and includes four criminal lawyers. Andy is supported by Rachel Lyne, a partner who works primarily in our Birmingham office, and Nigel Lyons and Dale Collins, partners who work across the South West of England. Partners are supported by associates, senior and junior solicitors and a range of legal assistants.

The team is instructed in a wide variety of regulatory matters across the country, from fatal accident investigations conducted by the Police and Health and Safety Executive through to defending Local Authority, Trading Standards or food safety prosecutions and assisting organisations in respect of significant Police investigations.

Case studies – the following is a small sample of Key people our experience and capability.

Prosecuting on behalf of Natural England Andrew Hopkin, Partner Bringing the biggest-ever prosecution on behalf of Natural England in respect of offences committed t: +44 (0)115 976 6030 by a landowner under the Wildlife and Countryside m: +44 (0)7879 885221 Act. The case received national media attention e: [email protected] and resulted in a total financial penalty of just under £1 million. Andy specialises in Health and Safety and Regulatory Police & HSE Investigation Law and has been involved in numerous criminal Advising local authority following police and HSE investigations in connection with a variety of industries investigation into the death of a young male who and undertakings. He works closely with clients in the drowned whilst attending a visit to a reservoir with days and months after such incidents, advising in Adult Services. Advising in relation to the connection with all aspects of the process including disclosure of documents, data protection issues, immediate and long-term post-accident investigation, the provision of witness statements by employees, interview under caution, Inquest, prosecution and press coverage, safeguarding investigation. publicity interviews and disclosure.

National Food Outlet Acting for national food outlet following local authority enforcement action investigation into breaches of Food Safety and Hygiene Regulations. A Hygiene Emergency Prohibition Notice was served and the directors were invited to attend an interview under caution citing potential individual liability for alleged breaches. A detailed statement was prepared and served in accordance with tight timescales. This resulted in no further enforcement action being taken.

Hillsborough Inquests We advised South Yorkshire Fire & Rescue Service on the new Inquests into the deaths of 96 Liverpool Football Club supporters who died at the Hillsborough Football Stadium Disaster on 15 April 1989. These Inquests represent the largest Inquests that have ever been held in England and Wales.

RM3786 General Legal Advisory Services

Life Sciences

The life sciences sector is facing a wide array of challenges, including the need to fund the long path of drug discovery from initial patent application through to product approval and protecting the benefits of that hard-won innovation. Our clients are at the forefront of that innovation, meeting medical needs and taking life-saving or enhancing products to market worldwide. Our lawyers have considerable expertise in the life science sector. Browne Jacobson understands the challenges of the drug development process.

Key people Case studies – the following is a small sample of our experience and capability.

Oliver Pritchard, Partner Crown Bioscience Inc Acted on Crown Bioscience Inc’s acquisition of t: +44 (0)115 976 6292 Precos - a leading pre-clinical research and m: +44 (0)7831 290829 development service provider with a focus on e: [email protected] oncology.

Source BioScience plc Oliver is a specialist in the health and social care sector Acted for Source BioScience plc in respect of its and head of the firm’s commercial health team. He equity fundraising, debt finance and successful advises NHS Trusts, private and third-sector health recommended cash offer for AIM-listed Vindon clients on corporate and commercial law and corporate Healthcare plc. governance issues.

Medical Research Council Acting for the Medical Research Council in relation to an investment in a leading life sciences co mpany. Advising in relation to the £16m further financing of Heptares Therapeutics, a leading UK- based drug development company.

Bioproject Pharma S.á.r.l Advising a French client on the UK aspects of the acquisition of Lincoln Medical Limited, which prov ides drug delivery systems for the treatment of anaphylactic shock.

RM3786 General Legal Advisory Services

Public Inquiries and Inquests

The breadth of our sector experience across public, corporate and health law has uniquely positioned us to represent government bodies at public inquiries and at inquests nationally. Our team of in-house Counsel frequently appear in the Courts on behalf of our public sector clients and have a wealth of experience working with Judges and Coroners as part of complex inquiries, which are often multi-faceted in nature and can carry significant reputational risk. We are expert advisors in Coronial law.

Key people Case studies – the following is a small sample of our experience and capability.

The Hillsborough Inquiry Ben Bentley, Partner (Barrister) Browne Jacobson LLP was instructed to represent t: +44 (0)330 045 2701 the Fire Authority involved in the Hillsborough Inquiry. This high profile and complex inquiry e: [email protected] concluded in 2016 with serious findings made against a number of public bodies. Through our involvement and approach to the inquiry, we Ben is an accomplishedDate Barristerjoined the working firm: Julyin our 2008 in- succeeded in avoiding any criticism being made house advocacy team since his call to the Bar in 2008. against our client. He routinely appears in courts including both the High Court and the Court of Appeal to conduct trials, Inquest representation sole provider coroner’s inquests and to prosecute on behalf of throughout England and Wales for the SIA government regulatory agencies before various Acting on behalf of the Security Industry Authority, tribunals. He is adept as an advocate in cross- an arm’s length government body, we have been examination and advising solicitors and clients in appointed as the sole provider for over 4 years to complex matters from the early stages of case represent at inquests throughout England and preparation through to final conclusion. Wales wherever the death of an individual has been connected to a licensed security context.

Rachel Lyne, Partner This work has included our in-house Barristers defending inquest proceedings involving the SIA, t: +44 (0)121 237 4584 as well as the Home Office and G4S, in which m: +44 (0)7747 616842 armed private security officers were shot in Iraq by e: [email protected] a colleague; and in successfully defending

Article 2 proceedings against the Authority in

connection with positional asphyxia and the Date joined the firm: 2013 disproportionate use of force by licensed security Rachel has a wealth of experience advising across a operatives. range of regulatory issues including: environmental investigations and prosecutions by the Environment Agency and local authority Environmental Health officers, corporate manslaughter, health and safety, fire safety, food safety and hygiene and trading

standards. Rachel advises across the sectors on

regulatory issues including: manufacturing,

construction, retail (including leisure), agriculture and logistics.

RM3786 General Legal Advisory Services

Telecommunications

Our team has considerable experience of telecommunications and the significant advantage of having worked in-house for some of the largest telecommunications providers in the UK and seeing deals from the supplier perspective. This is in addition to having worked on significant public sector telecommunications procurement deals and means that we’re ready for the sort of ‘tricks’ that telecommunications providers can seek to use in large projects and in disputes.

Particular experience includes:

 Procurement advice in respect of tenders and framework agreements  Advising on PSN compliance and security to different IL standards  Data sharing agreements and the impact of GDPR and Brexit on future contractual relations  Network agreements, Unified Communications, hosting and bespoke cloud-based services  Installation of infrastructure and rooftop structures and shared facilities  Systems Integration (SIAM) and risk-sharing arrangements between suppliers

Key people Case studies – the following is a small sample of our experience and capability.

Anthony Nagle, Partner NHS England We advised NHS England on the procurement of t: +44 (0)20 7871 8501 the telephony infrastructure used to receive and m: +44 (0)7930 552 946 route calls to the 111 number. This involved one of e: [email protected] our fee earners carrying out a mini-secondment to the client during the preparation and tender stages. We helped draft the tender documents and Anthony heads up our technology practice, advising on the business case for Cabinet Office. Now that the on-shore and offshore outsourcing transactions, joint contract has been awarded we continue to advise venture arrangements, restructuring frameworks and on various aspects of the mobilisation of different call-off contracts, IT procurement and the supply and stages of the contract. acquisition of technology equipment, biometric and identification projects, social media advice, privacy and Vodafone data-sharing transactions, data breach issues, storage When Vodafone won a place on the PSN (public and customer data migration projects, cybersecurity, sector network) framework agreement they chose software licensing and development, disaster recovery us to advise on projects including the procurement solutions, cross-border trading, distance selling and e- process and contractual documentation involved in commerce. the MoJ’s, tower-based ‘Future IT Strategy (FITS)’ procurement of ICT infrastructure and networks for its prisons, courts and probation services and the Richard Nicholas, Partner provision of a multi-supplier secure email network agreement (NHS mail) to NHS Connecting for t: +44 (0)121 237 3992 Health. m: +44 (0)7920 825010 e: [email protected]

Richard has worked in-house with Vodafone and British Telecommunications plc and advised on public sector deals from the perspective of a supplier. He now advises public sector clients on how to secure robust telecommunications deals.