Herbert Smith was at the forefront of the development of the PFI structures which have now become regarded as “standard”, both as a result of the secondment of partners into Government and a significant share of the market of early PFI transactions. Our experience dates from the earliest schemes where, as advisers to NHS trusts, we advised on seven major hospital schemes through to financial close.
As basic PFI has become more standardised, Herbert Smith has continued to work on numerous high value PFI projects across a wide range of sectors including rail, roads, defence, health, education, accommodation, water and waste. In addition, we have become heavily involved in the evolution of PPP into areas for which standard PFI is unsuitable and are now an adviser of choice in the development and management of complex, ground-breaking PPPs, particularly those with a high political sensitivity. For example we are currently advising the Department of Trade and Industry in relation to the reform of nuclear arrangements in the UK. We were appointed by London Underground in 2003 as key legal advisers on its PFI/PPP arrangements.
Our extensive experience of acting for awarding authorities, funders and consortia has given us an in-depth understanding of the issues on all sides of the negotiation table. This, coupled with our practical, commercial outlook, means we are seen as a team of deal-doers. No UK law firm understands the commercial interface between public and private sectors as comprehensively as Herbert Smith.
Clients include financial institutions, bidding consortia and host government organisations such as European Investment Bank, London and Continental Railways, National Air Traffic Services, Ministry of Defence, QinetiQ and London Underground.
We have experts in London, Brussels, Paris, Moscow and throughout Asia and work with our alliance firms Gleiss Lutz (Germany, the Czech Republic and Poland) and Stibbe (the Netherlands and Belgium) and with selected law firms in the other major jurisdictions around the world.
“The firm wins praise from peers for the quality of its work, and is undertaking increasingly large PFI projects.”
IFLR 1000, 2004
“The team includes 'deal-doers' Andrew Preece, Nicholas Tott...the 'sharp' Andrew Calderwood and the 'impressive' Adrian Clough"
Legal 500, 2003
“Cooperative and skilful...pull out all the stops"
Chambers 2003-2004
"Nick Tott is widely respected for his personable approach and mental acuity"...while David Wyles is a "smooth negotiator"
Chambers 2003-2004
"Careful, precise and good at getting it right"
Chambers 2003-2004