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Public-Private Partnership 2008

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The lawyers' innovation
The UK's Future Strategic Tanker Aircraft (FSTA): £13bn project to procure and run the UK's air-to- air refuelling capability worldwide.StandoutSimmons & Simmons68418This deal will last for the next 27 years and contained many of the firm's small innovations. The firm worked on the project for 10 years and had to juggle the interests of the MoD with the need to make the deal bankable. The licensing regime is very innovative and the firm had to negotiate with governments on three continents. The project has moulded the future framework for UK private finance initiatives.
CVF Alliance Project: the £3.9bn project to build the UK's next generation of aircraft carriers.StandoutWragge & Co67417In the context of this very complex, first multi-party alliance for the MoD, the firm became the trusted lynchpin for the project. It designed the basic structure, which involved a lot of creative thinking from a 'ring of fire' to protect the MoD's IP to negotiating indemnity insurance to protect the MoD from the effects of poor design. The MoD has issued a legal partnering handbook where the firm's work on this project is held as best practice.
The UK's Military Flight Training System (MFTS): the £6bn project to train the UK's military pilots.Highly commendedSimmons & Simmons49316Partner Kim Walkling devised the innovative integrator model that enables this project to encompass bolt-on additional PFI contracts. Set to influence future UK government practice, it has been described as "the next step in PPP / PFI".
The UK's Future Strategic Tanker Aircraft (FSTA): £13bn to procure and run the UK's air- to- air refuelling capability worldwide.Highly commendedClifford Chance67316The firm advised AirTanker, the preferred bidder, as it negotiated the complexities of its risk exposure. The firm managed the flow-down implications of changes to the project as it affected the sponsors. Nearly half the firm's meeting rooms were used at the height of negotiations and at its peak the project represented a considerable management challenge.
The UK's Future Strategic Tanker Aircraft (FSTA): £13bn to procure and run the UK's air to air refuelling capability worldwide.Highly commendedLinklaters67215Highly unusually, the firm negotiated the deal for the funders before they were appointed. When the lenders came in, there were no changes made to the concession agreement the firm had put in place. When the bond market collapsed in 2007, their work made it easy for the incoming banks to supply the required £2.5bn financing in just six weeks.
The Western High Speed Diameter: Russia's largest PPP deal at $7.39bn will construct a motorway to link St Petersburg's trade ports with the national road network.Highly commendedFreshfields Bruckhaus Deringer47415The firm has been involved in several notable PPP projects in Russia. Advising the project's public sector developer, the firm managed to marry the expectations of government and the market. It will act as a test for other projects as to the efficacy of private sector involvement in Russian concessions.
Ostregion A5 motorway, Austria: the first PPP road project in German-speaking countries.CommendedDLA Piper47314The firm was commended for its leadership and ability to forsee problems in what was a turbulent deal. They managed to bring divergent interests of the consortium together and were instrumental in helping their clients win and defend the bid. They were also effective in convincing the public sector to pursue the project.
Dublin Waste to Energy: a much-needed incinerator.CommendedArthur Cox47314Partner Alex McLean was praised for his ability to lead the project when the structure changed completely part-way through the process. When the sponsor merged with major energy companies in Denmark, the newly formed acquirer only wanted to take on half the project. Arthur Cox went out and found a new equity partner, Covanta, a US energy operator.
Cyprus: Larnaka & Paphos airports redevelopmentCommendedPinsent Masons46313The first Cypriot PPP meant the firm had to convince the government that the project could work. Although there were a number of peculiarities on the project, the firm managed to clarify them, in particular through devising a mechanism to deal with competing airport issues. The success of this project has helped inward investment into Cyprus.
First PPP by the French Ministry of Defence: training for helicopter flight crews.CommendedMayer Brown46313The first French defence PPP to be completed. The firm had to consistently devise new structures to juggle private and state risks in the project. There were no precedents in France for this, so the firm had to start from a completely blank page. Unusually, for France, the firm had to also understand the military, technical and financial aspects.
Future Provision of Marine Services PFI (FPMS): a £1bn MoD project for the delivery of ancillary port services at all the major Royal Navy ports in the UK.CommendedLinklaters46313Acting for the sponsor, the firm's project management was key in delivering the project. Their knowledge of what was bankable combined with their understanding of what generic concessions should be made from a public sector point of view, delivered the contract to the required timescale.
Military Flight Training System (MFTS): the provision of training services for the MoD using a new model.CommendedLinklaters46313Acting for the bank on the MoD's new methodology to provide training services with private company providers. The integrator model requires a complicated corporate structure with multiple contracts and multiple companies. The firm made it financable. The framework will allow the MoD to bring in other PPP / PFI projects.
Greater Manchester Waste Disposal Authority's ground-breaking £4.5bn waste services PFI project, the biggest in Western Europe.CommendedEversheds46313This project that has rewritten standard practice rules for waste projects in the UK. The breadth of the task was challenging but the firm also had to lawyer an innovative structure which involved an energy user in waste PFI for the first time. The contractual frameworks were different to the norm and the firm was responsible for finding the practical solutions.
Diabolo rail project and via Zaventem: the first Belgian PPP road project.CommendedDLA Piper46212The firm was particularly creative with these two linked projects. Although there was only one contractor, the firm had to devise the financing of the two projects through two separate single purpose vehicles.
Enabling a consortium of Spanish city councils to re-finance their water services.CommendedGarrigues26311An unusually structured deal which involved 17 city councils. To arrange one structure that involved all these municipalities and the provincial government was difficult.
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