Custodial & Defence
We are delighted to present our experience in the custodial and defence sectors.
We have drawn on the expertise of our Infrastructure and Project Finance Group to demonstrate our ability to provide both local, and (if required) international expertise in each of the markets in which we operate. We have more lawyers in Europe than any of our competitors, and a fast-growing, dynamic international presence.
As a market leading group in the custodial and defence sectors, CMS’s experience extends from the procurement phase, through public works programmes, private sector finance and ongoing operational advice to mergers and acquisitions. Our lawyers have been involved at the cutting edge of developments in the sector:
— in primary markets, our award winning team has considerable experience advising all parties: contracting authorities, sponsors, sub-contractors and lenders on both PPP projects and long term concession contracts;
— in secondary markets, CMS boasts an extremely strong track record, together with extensive experience of liaising with our colleagues across Europe on complex projects: both cross-border transactions and portfolio deals.
We remain optimistic about the future of the infrastructure industry, both across Europe and beyond. The scale of investment requirements is great, though of course the institutional, financial and legal framework within different jurisdictions has a significant bearing on each local market and investment climate.
Whatever the scale and wherever the location of your project, with 59 offices in 33 different jurisdictions, CMS is ideally placed to provide commercially relevant legal advice.
CMS was established in 1999 and today comprises 800 partners and over 3,000 lawyers. CMS is headquartered in Frankfurt, Germany.
Investment structure
- Nature of project vehicle - Corporate governance and deadlock - Pre-emption rights Project regulation - Procurement rules and procedures - Real estate and title
due diligence - Planning - Environment
Funding projects
- Identifying the right funding solution - Inter-creditor arrangements - Credit support Construction issues - Design and defects liability - Delay and liquidated
damages - Termination and compensation - Performance security Operational issues - Payment mechanism and performance regime - Lifecycle and major maintenance - Benchmarking and market testing - Termination and compensation Disputes - Dispute resolution - Mediation and settlement - Arbitration and litigation Exit strategy - Secondary markets transactions - Due diligence and transaction structuring - Share and asset sales
Using our experience to resolve your issues
Custodial
Czech Republic
Ministry of Justice
— Advising on a public tender worth CZK 4 billion for the construction of Justice Courts in Ústínad Labem and in Karlovy Vary. This was the first PPP project in this area of the Czech Republic.
France
Court of Justice PPP
— Advising a successful bidder for a contract for the design, financing, construction and maintenance of the new Court of Justice at Caen.
Military Police Station (Gendarmerie) PPP, Caen — Advising a Crédit Agricole subsidiary (Auxifip), owner
of the SPV and financer of a military police station and accommodation PPP, representing a project value of approximately €130 million
(€60 million of investment). Military Police Station (Gendarmerie) PPP, Sathonay
— Advising GCC (a construction company) in relation to the €170 million PPP project for the design, financing, construction, operation and maintenance of living quarters and facilities for use as a
Gendarmerie in Sathonay.
National Military Police Station PPP, Issy-les-Moulineaux
— Advising Fortis on its bid to the Ministry of Defence for the financing, design, construction and maintenance of buildings and equipment for the management headquarters of the Gendarmerie Nationale (national military police) at Fort d’Issy in Issy-les-Moulineaux (Paris outskirts). The project represented a total investment of roughly €120 million.
Germany
JVA Bremervörde
— Advising a bidder on a PPP project for the construction, maintenance and operation of a prison.
JVA Burg
— Advising on a PPP project for the construction and operation of a prison, involving due diligence as well as drafting and negotiating the finance and
securities documentation. JVA Zeughausareal
— Advising a consortium of banks on a PPP project for the construction, maintenance and operation of a prison.
Spain
Courts of Justice
— Advising on a PPP project for the Barcelona Judicial Courts with a project value of approximately €325m. Depfa Bank
— Advising on a financing increase (up to €19 million) for the building and operation of several public courts in Catalonia.
Switzerland
Regional Prison “Zeughausareal Burgdorf” — Advising group lenders supporting a German/Swiss
consortium on a PPP project for the construction, maintenance and operation of a prison and associated administrative buildings.
United Kingdom
Primary
Ashford and Peterborough Prison
— Advising Citadel in relation to its bid for the Ashford and Peterborough Prison PFI project.
Bridgend Prison
— Advising Bridgend Custodial Services in relation to the Bridgend Prison PFI project with the Home Office, and on its subsequent refinancing. Maghull and Belmarsh Prison
— Advising Serco in relation to the Maghull and Belmarsh Prison PFI projects.
Medway Police Headquarters
— Advising on the provision of a new divisional police headquarters near Chatham, Kent.
Milton Keynes Secure Training Centre
— Advising STC (Milton Keynes) Limited in relation to the Milton Keynes Secure Training Centre PFI project entered into with the Youth Justice Board.
West Yorkshire Police
— Advising the Equitix/Interserve consortium and Aviva in relation to a £115 million PFI project to design, build, finance and operate a number of police facilities in West Yorkshire.
Secondary
Addiewell Prison PFI
— Advising InfraRed in the acquisition of a 33% stake in the Addiewell Prison PFI project from Royal Bank Project Investments Limited, a wholly owned subsidiary of RBS.
Dorset Emergency Services Partnership Initiative (DESPI)
— Advising InfraRed on the acquisition of an interest in a Police and Fire joint PFI project which involved the design, build, finance and operation of four new fire and emergency service facilities on three sites in Poole, Poundbury and Dorchester.
Hassockfield Secure Training Centre
— Advising the purchaser in relation to the acquisition of interests in the Hassockfield Secure Training Centre project.
HMP Projects
— Advising the purchasers in relation to an acquisition of interests in the Dovegate Kilmarnock, Lowdham Grange, Rye Hill and Wolds prison projects. John Laing
— Advising John Laing on the transfer of a 50% holding in British Transport Police accommodation to the John Laing pension fund.
— Advising John Laing on the disposal of a 22.9% equity stake in the Cleveland and Durham Police Training Centre project.
— Advising John Laing on the sale of three Greater Manchester Police station PFI/PPP projects to the FTSE listed John Laing Infrastructure Fund, for £25.4 million.
— Advising John Laing on the sale of a 27.1% stake in the project to the FTSE listed John Laing
Infrastructure Fund.
— Advising John Laing plc on the disposal of 50% interest in four PFI projects in the UK police force accommodation sector to Allianz.
John Laing Infrustructure Fund
— Advising the FTSE listed John Laing Infrastructure Fund the acquisition on additional 7.1% stake in the Cleveland Police Authority Action Stations PFI project.
Yarlswood Secure Training Centre
— Advising a purchaser in relation to the acquisition of interests in the Yarlswood Secure Training Centre project.
Defence
France
Out-at-sea support and assistance PPP
— Advising a ship-owner on its bid to the Ministry of Defence for the provision of services relating to military and/or civil support maritime operations and assistance, including operating and maintaining ships. The transaction involved a total investment of roughly €300 million.
Germany
Fürst Wrede Barracks/construction company — Advising a construction company at bid phase for
the PPP project (a German federal government PPP pilot project) for the planning, construction, operation and financing of a barracks in Bavaria. Fürst Wrede Barracks
— Advising BBGI on the acquisition of an interest in the Fürst Wrede Barracks PPP project in Munich
from HOCHTIEF.
United Kingdom
Primary
Alert Submarine Received Signal
— Advising Barclays Private Equity, 3i and VT Merlin Communications on the Submarine Received Signal project.
Allenby and Connaught
— Advising Aspire Defence Limited on the £11.5 billion accommodation Allenby and Connaught PFI project, which involved the construction and refurbishment of military accommodation, offices, workshops and other similar assets at Army garrisons at Aldershot and on Salisbury Plain in Southern England, on behalf of the Ministry of Defence.
Chelsea Barracks Accommodation
— Advising a consortium on the provision of serviced accommodation at Chelsea Barracks.
Future Strategic Tanker Aircraft (FSTA) Programme — Advising Cobham plc as a shareholder of, and
sub-contractor to, the AirTanker consortium in relation to the £13 billion FSTA (long term air-to-air refuelling equipment support) PPP project.
Matra BAE Dynamics Missiles JV
— Advising BAE Systems Plc (BAE) on the setting up of the Matra BAE Dynamics joint venture with Matra Lagardère for the combination of their respective missiles businesses.
Medium Support Helicopter Air Training Facility — Advising HSBC in relation to its equity funding of the
Medium Support Helicopter Air Training Facility. Ministry of Defence Helicopter Training Facility PPP — Advising FBS Limited on financing in connection with
the provision of 45 helicopters and a joint forces Helicopter Flying School to the Ministry of Defence. MoD Main Building PFI Project
— Advising funders on the supply chain restructuring in relation to the MoD Main Building PFI Project. Royal School of Military Engineering (RSME) — Advising the Holdfast consortium on legal aspects of
the £3 billion RSME PPP project for the provision of training facilities at Chatham and Minley.
Search and Rescue Helicopters PPP project — Advising funders to the AirKnight consortium
(Lockheed Martin/VT) in relation to the Search and Rescue Helicopters PPP project.
Tri-Services Airfield Support Services
— Advising the funders to the Logicair consortium in relation to the Tri-Services Airfield Support Services PFI project.
Secondary
Colchester Garrison
— Advising InfraRed on the acquisition of an interest in the Colchester Garrison PFI project from WS Atkins. Allenby & Connaught
— Advising Infrared on the acquisition of an interest in the Allenby & Connaught project.
Northwood Headquarters
— Advising InfraRed on the acquisition of a 50% interest in the Northwood Headquarters PFI project for £30.6 million from Carillon Private Finance. Royal School of Military Engineering (RSME) — Advising InfraRed on the acquisition of an interest in
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