Lawrence Graham - lawyers advising the ports industry London Dubai Monaco Moscow

Ports

Lawrence Graham has a specialist focus on the ports sector worldwide, representing ports, their owners, users, investors and developers. 

Our capability covers transactions and projects of every type, plus a wide range of advisory work.

We are a founder member of UK Port Advisers, a multi-disciplinary global ports consultancy.

Ports

As well as an in-depth industry knowledge and understanding of the legal issues involved, we offer added value to clients through a mix of skills which, for example, cover:

  • A detailed understanding of the working of ports and harbours and their commercial and operational needs
  • Preparing primary and secondary legislation concerning port and harbour developments, powers, functions and regulations
  • Deep experience of the environmental and development control issues affecting  ports, including EU and national regimes, permitted development rights and best practice in environmental assessment and habitat creation and enhancement
  • The restructuring and reorganisation of port workforces, including negotiating with trade union interests and the creation and implementation of large scale programmes to change working conditions
  • Conducting procurement schemes for privatisations and major infrastructure development
    representing port and shipping interests before international/trans-national organisations, such as the European Commission, governments of EU Member States and other regulatory bodies

 

Our legal work covers all aspects of port ownership, development, operation and regulation and includes:

  • Privatisations, restructurings and commercialisation
  • Mergers and acquisitions
  • Joint ventures, strategic alliances and other collaborative arrangements, including public/private sector partnerships
  • Development and financing of port infrastructure, installations and facilities
  • Consenting, construction and operation of onshore and offshore renewable energy assets
  • Use of port and terminal facilities, including concessions, operating agreements, management contracts and outsourcing
  • EU competition, state aid and internal market issues; EU public procurement law; access to port facilities and services; and the free movement provisions of the EU Treaty
  • Real estate acquisition, development and management
  • Strategic and case-specific environmental and planning/zoning advice
  • Establishment and operation of port and other maritime authorities
  • Drafting, enactment, interpretation and challenge of legislation
  • Regulatory compliance in relation to all aspects of port operation including port and marine
  • Safety, pollution control, pilotage, dredging and health and safety issues
  • Port information and management systems acquisition, integration and development

Ports

Port development and exploitation

The development of a major new deep sea container terminal at a UK port. Created and managed the implementation of legal, environmental and other relevant strategies applicable to the project and its related large-scale habitat creation scheme, including drafting and promoting a harbour revision order. Significantly for a project of its size and type, consent was obtained very quickly without scrutiny at a public inquiry, as a result of our dealing with all third party representations

Advised in respect of a £300 million investment by E.ON in the proposed Portbury Dock Renewable Energy Plant at the Port of Bristol, which will generate enough power for more than 200,000 homes by burning biomass imported through the port

Worked on a new terminal at a major port to provide facilities for the new range of climate change industries. Advised and obtained the complex environmental approvals required to achieve legislative consent cost-effectively.  Time was critical for the developments and the need to avoid a public inquiry was essential

Port ownership and transactions

The privatisation of a public sector-owned UK port.  Conducted due diligence and created a unique structure, involving the grant of a concession (using long leasehold interests and a management agreement), an asset sale and purchase and complicated share rights permitting the public sector body to retain a future profit participation

Reviewed the strategic options for regeneration, development and possible privatisation of a state-owned commercial port.  Created and negotiated proposed transaction terms for outright privatisation or public/private partnership

The privatisation of a former naval dockyard and its development as a new commercial port.  Our work required the commercial terms to be enshrined in a framework that was congruent with Government policy and included the creation of specific clawback rights entitling Government to participate in future profits

Environment

Instigated a judicial review of the UK Government’s interpretation of a European Union environmental Directive relating to the conservation of natural habitats impacting on port development and achieving a reference to the European Court of Justice, involving the consideration of the interpretation of the Directive and the assessment of extensive planning, environmental and other applicable regulatory regimes

Acted for a major international oil terminal operator in connection with upgrading proposals for a terminal at a UK port.  Our work covered permitted development rights, environmental impact assessment and Habitats Regulations protections, including considering baseline environmental data and making preliminary assessments of the magnitude of the potential impacts of the development proposals

Port legislation and powers

Advised a public sector body as the owner and operator of a commercial port on state aid issues relating to its procurement of a partner to provide port services.  Conducted a major procurement exercise to select a partner, which involved advice on the application of the public and utilities procurement rules, planning and project managing the procurement exercise and dealing with related procurement law enquiries as they arose.  Our advice included consideration of how the project might be structured as a concession arrangement (as well as a number of alternative project structures), and the relevant procurement law implications

The preparation and promotion of a harbour revision order to privatise a commercial port by authorising the establishment of the purchaser as the new harbour authority

Prepared a harbour revision order to authorise a long term scheme of improvements at a UK port including new quays and berths, passenger facilities and ship repair facilities

Consolidated and up-dated existing by-laws for a commercial port, undertook public consultation and obtained DfT approval for their adoption

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Ports

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