Energy & Resources

Our energy and resources team brings together lawyers with experience in energy, oil and gas, mining and renewables, both in the UK and overseas across a range of legal disciplines including commercial contracts, corporate finance, mergers and acquisitions, construction and engineering contracts, and projects. We have particular experience of sector-related transactions in Africa and eastern Europe.

Capital Markets & Contracts

We have advised on numerous corporate finance and M&A transactions for energy and resources companies, including flotations and secondary fundraisings on the AIM market, where we have acted both for companies and nominated advisers/brokers.

Renewables, Projects & Construction

We have considerable expertise in advising on the rapidly expanding renewable energy sector, both in the UK and internationally. Acting for investors, developers and contractors, we have completed successfully some significant projects including in:

  • Solar, ground mounted and rooftop
  • Wind
  • Energy from waste
  • Anaerobic digestion
  • Biomass schemes

We provide advice at every stage of these projects, from asset acquisition, through development and construction, to sale or further investment into completed and ongoing projects. This encompasses:

  • Reviewing the legislation impacting government subsidies
  • Connection and power purchase agreements with utilities companies
  • Negotiating contracts and associated legal documents for contractors designing and installing plant
  • Advising prospective investors in, or sellers of, projects

Nuclear

We also have extensive experience in the nuclear industry, from new build to decommissioning both in the UK and internationally. We have advised on contracts for use in nuclear-licensed sites, on international nuclear law and on insurance provisions on nuclear sites.

Through our extensive relationships with law firms around the world, our clients gain access to teams of lawyers worldwide with a deep understanding of the legal issues faced by businesses in the energy and resources sectors.

Paul Airley

Paul Airley

If you have any questions or queries please call Paul on +44 (0)20 3036 7235 or email pairley@fladgate.com

David Robinson

David Robinson

If you have any questions or queries please call David on +44 (0)20 3036 7358 or email drobinson@fladgate.com

Advises on engineering, building and development projects, alongside disputes. Significant and expanding focus on renewable energy projects, including issues relating to wind, solar and waste to energy. “They compare very favourably against other firms in regard to value for money and level of service.”

Chambers UK

Industries

Energy & Resources team

 

The Commercial Agents Regulations – The Commodity Market Exception

Tom Bolam

Fladgate’s Corporate team is further strengthened with the appointment of outsourcing and technology partner Tim Wright

Fladgate continues with strong showing in Chambers UK 2019

“No-deal Brexit: civil and commercial cooperation” guidance published by the Law Society

Leigh Callaway, Gerald Brent

Fladgate LLP achieves across the board rankings in Legal 500 for 2018

Personal data: a global commodity subject to regional rules

Fladgate advises AIM listed Caspian Sunrise on acquisition of Kazakh company 3A Best Group JSC

Fladgate advises Angus Energy on financing and completion of acquisition

Fladgate advises TransGlobe Energy Corporation on its introduction to AIM

Fladgate advises Cenkos Securities on Aus$17m placing for 88 Energy

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Fladgate advises TransGlobe Energy Corporation on its introduction to AIM

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Fladgate advised TSX and NASDAQ listed TransGlobe Energy Corporation, an independent international oil and gas company with exploration and production operations in Egypt and Canada, on its introduction to AIM.  The company’s full year average production guidance for 2018 is between 14,200 and 15,600 barrels of oil per day. TransGlobe will be the first AIM […]

Fladgate advises Cenkos Securities on Aus$17m placing for 88 Energy

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Fladgate advised Cenkos Securities plc on the English elements of an offering (in the UK and Australia) to raise AUD 17 million for 88 Energy by way of a placing. The placing was implemented by an accelerated bookbuild. 88 Energy has a 63% working interest and operatorship in approximately 342,000 acres onshore on the prolific […]

No ‘get out of jurisdiction free’ card available to sanctioned entity

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The recent decision in the Kamoto Copper Company SA v (1) Africa Horizons Investments Ltd and (2) Ventora Development SASU case highlights the challenges that a party subjected to US sanctions may face attempting to circumvent an exclusive jurisdiction clause in favour of the English courts. The Claimant, a subsidiary of the mining giant Glencore, […]

Exemption from withholding tax through private placements

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Many non-UK resident lenders in the commercial property sphere will often have encountered the problem of UK withholding tax on interest at 20%. As an alternative to the traditional double tax treaty relief method, the qualifying private placement is a relatively new method through which investors and lenders can be exempted from withholding tax on […]

Fladgate acts for AuVert Mining Group Limited on the acquisition of Colombian entity Ulloa Recursos Naturales S.A.S

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Fladgate LLP acted for AuVert Mining Group Limited in relation to the acquisition of the entire issued share capital of Ulloa Recursos Naturales S.A.S , a Colombian entity, from AIM listed mineral exploration and development company Bezant Resources Plc. Ulloa holds alluvial platinum and gold licences located in the Choco region of Colombia. Corporate partner […]

The right to adjudicate – Interpretation of ‘excluded operations’

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The Housing Grants, Construction and Regeneration Act 1996 (Act) grants the right to refer disputes relating to construction operations to adjudication.  However, a number of operations under section 105(2) of the Act are excluded from this right. The recent decision of the Technology and Construction Court (TCC) in Equitix v Bester[1] offers helpful guidance on […]

Is a UK parent liable for the conduct of its foreign subsidiary? (Update)

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In the recent Court of Appeal judgment of Okpabi v Royal Dutch Shell Plc[1], the court examined the issue of whether there was an arguable case that Royal Dutch Shell (Shell), as the UK parent company of a Nigerian subsidiary, owed a duty of care to those affected by oil leaks from pipelines and associated […]

Fladgate acts on Yü Group’s £12m equity placing

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Fladgate LLP has advised Shore Capital on the equity placing by Yü Group PLC to raise £12 million. Shore Capital acted as nominated adviser and sole bookrunner on the AIM market placing. Yü Group is an independent supplier of gas and electricity to the UK’s corporate sector with a specific focus on servicing SME businesses.  […]

Reasonable Care v. Fitness for Purpose

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At first glance, one may assume that a case concerning offshore windfarms would be of little interest to developers outside the energy sector.  However, the outcome of the recent MT Højgaard v E.ON case has a wider impact when considering design obligations under a building contract. A key issue in the case (upon which responsibility for a […]

Fladgate advises Angus Energy plc on £4m acquisition

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Fladgate has advised Angus Energy Plc on its agreement to form a new partnership with Cuadrilla Balcombe Limited and Lucas Bolney Limited. Under the terms of the agreement, Angus will acquire a 25% interest in licence PEDL244 which includes the entire Balcombe field discovery. Angus will pay a total of £4 million, and has subsequently […]

Fladgate advises Angus Energy plc on £3m placing

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Fladgate LLP has advised AIM listed Angus Energy plc on its £3m placing to increase the group’s capitalisation and financial flexibility. Net proceeds from the placing will be used to pay operational and associated costs related to the development of the Holmwood prospect; fund capital expenditures; assist with funding business development and potential acquisition activities; […]

Fladgate advises Tri-Star Resources plc on US$6m investment

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Fladgate LLP has advised AIM listed Tri-Star Resources plc on its US$6m investment, via a mezzanine loan, to Omani company Strategic & Precious Metals Processing LLC (SPMP). The investment is to assist SPMP with further development of the Oman Antimony Roaster Project, an antimony and gold production facility, which is located in Sohar, Sultanate of […]

Fladgate LLP’s practice handles a range of cross-border work; consultant Neil Vickers acts for clients such as KazakhGold, Sinochem and Aurora Russia. In addition, Avram Kelman specialises in Anglo-Israeli capital markets transactions, while Paul Airley and Nigel Gordon are particularly experienced in Anglo-Canadian matters. David Robinson has been instrumental in increasing the firm’s links with Asia-based clients. On the domestic front, in 2016, Airley was the lead adviser to Angus Energy on its AIM admission and £3.5m placing. In a separate matter, Vickers acted for Shore Capital (as NOMAD and broker) on the AIM admission and placing of Yü Group. Grant Gordon leads the team.

Legal 500

Fladgate LLP’s Paul Airley heads the firm’s natural resources team while Nigel Gordon is head of mining. The practice recently acted for Beaumont Cornish as nomad and UK broker on the admission to AIM of lithium exploration and development company European Metals. Steven Mash continues to advise Rimbal on the exploitation of its Rare Earth mine in Greenland and quartz mine in Iceland, and Nigel Gordon assisted Xtract Resources with the acquisition of 100% of the Manica gold project in Mozambique from Auroch. Key contacts also include…Neil Vickers, who has strong experience in international equity markets as well as public and private M&A transactions.

Legal 500

Energy and mining expert Nigel Gordon is ‘exceedingly diligent’.

Legal 500

‘Response times and value-for-money are very good’ at Fladgate LLP, where the team continues to undertake a range of instructions in key sectors such as renewable energy.  David Weare assisted Hitachi Zosen Inova with an EPC contract to deliver an energy-from-waste facility on the outskirts of Edinburgh.  Digby Hebbard and David Weare were also active in contentious matters, where work included representing contractors on various energy-from-waste project disputes, and acting for John Laing Investments on potential claims relating to the design and upgrade of Aylesbury Park railway station. International construction specialist Barry Hembling is another key contact.

Legal 500

Fladgate LLP’s 12-strong team was strengthened by the arrivals of Chris Chrysanthou and Nigel Gordon from Fasken Martineau LLP. Gordon jointly leads the team and advised Xtract Resources on its $13m acquisition of the Manica Gold project in Mozambique from Auroch Minerals. Fellow joint head Paul Airley is also recommended.

Legal 500

Fladgate LLP bolstered its [capital markets] practice with the arrivals of Nigel Gordon and life sciences and natural resources expert Chris Chrysanthou from Fasken Martineau LLP.

Legal 500

Fladgate LLP’s ‘cerebral and dedicated’ [construction] practice … has expertise in renewable energy and is acting for BTS Biogas on the construction of an anaerobic digestion plant in south Yorkshire. Gillian Birkby and Alan Woolston head the practice and handle a mix of contentious and non-contentious work.

Legal 500

Renewable energy projects are Fladgate LLP’s forte. The group defended Hitachi Zosen Inova against a £1.8m claim by a contractor relating to an energy-from-waste plant. Gillian Birkby leads the practice. Fladgate “always provides good service on competitive terms”. The “diligent, tenacious and practical” David Robinson has “a very deep understanding of commercial and legal issues”, and recently advised BidTimes on its re-admission to AIM as Powerhouse Energy Group.

Legal 500

This firm is expanding further into the energy sector. The team receives instructions on a number of wind, biomass and waste-to-energy projects. The firm’s top-level clients include Weltec Biopower and Hitachi Zosen Inova. Alan Erwin is described by clients as “exceedingly conscientious, even with very complicated matters”. He has particular experience acting for German, Austrian and Swiss clients on such matters as biomass plants, waste sorting plants and prefabricated houses. The “absolutely superb” Gillian Birkby heads the firm’s construction team. Her recent work includes advice on the design and construction of a number of high-value waste-to-energy projects across the UK.

Chambers UK

Has a good reputation on cross-border M&A transactions and expertise in the hotel and leisure, energy and publishing sectors. Strengths: Clarity: “The advice is clear, accurate and dynamic.” Client service: “In one word: excellent!” Represented Touchstone Gold on its business combination with Atlantis Gold Mines and on its re-domiciliation from the British Virgin Islands to Ontario, Canada.

Chambers UK

2017

  • Various EPC contractors – acting for a number of EPC contractors, including Weltec Biopower GmbH and BTS Biogas SRL, in relation to the construction of biogas plants using anaerobic digestion, including gas to grid, food waste and farm based plants.
  • EIG – financing and joint venturing of a very large prospective wind farm (total 662 MW) in Poland.
  • BDI Anlagengesellschaft m.b.H – contract for the supply of a plant producing biodiesel fuel from cooking oils and animal fats, which was the first large–scale biodiesel production unit in the UK.
  • Vertal Limited – raising of £5m from funds management company Foresight Group for this UK based waste technology business. Vertal was established to develop a new commercial based application of Aerobic Digestion (ATAD). This innovative application of ATAD technology is based on industrial sites producing high value fertiliser from the recycling of food waste.
  • Premier African Minerals Limited – sale of its Togolese and Malian mineral assets. Ethiopian Potash Corp purchased Premier’s Togolese subsidiary, G and B African Resources SARL, and its Malian subsidiary, G and B African Resources Mali SARL, for an aggregate consideration of 120 million new shares in EPC. Following completion, Premier will hold approximately 42% of the issued share capital of EPC.
  • Hitachi Zosen Inova AG – acting on over 20 matters, with a combined contract value of over £3bn, including: an engineering, procurement and construction contract worth in excess of £100m, to deliver an energy from waste (EfW) facility on the outskirts of Edinburgh; a contract to construct a new 34 MW energy recovery facility in South Gloucestershire, as part of a public private partnership contract between the West London Waste Authority and a consortium led by SITA UK; a contract with Ferrybridge MFE Ltd to develop a £300m multifuel generation facility at the Ferrybridge power station in West Yorkshire; a CHF200m contract with SITA UK for a new energy–from–waste plant developed for the South Tyne and Wear Waste Management Partnership as part of a PFI deal; and an agreement with Riverside Resource Recovery Ltd for the building of an energy–from–waste plant in Belvedere, London, one of the largest energy–from–waste plants in the UK.
  • Long distance oil pipeline in Africa – drafting and negotiating a contract for replacement engines at six pumping stations.
  • D1–BP and jatropha crop growers in Brazil – split of responsibilities between local representatives and managers and the bodies representing growers; advising on agency and representation agreements.
  • An international contractor – advising on: onshore and offshore works as part of the flagship 576 MW Gwynt–Y–Mor offshore wind farm project, which was the biggest in Europe when constructed; offshore cabling works in relation to the Global tech 1 offshore wind farm in the German exclusive economic zone of the German North Sea; and cabling works to support multiple renewable generation projects in and around the Hunterston area.
  • Social housing properties – installing solar PV projects in a number of London Boroughs.
  • Solar PV plant investors, developers, EPC contractors, O&M contractors – land assembly and land agreements; contract negotiation; power purchase and connection agreements; contracts for contestable and non–contestable works; planning consents; re–financing options, including the sale of assets and shares; and advising on the Government subsidies available from FITs, ROCs and Contracts for Difference. Working for Smarter Energy Solutions, Risen Projects 1, Granite Consulting, B&W Energy, Ingenious and Solar Asset Management, Lakehouse Contracts.

Integrated

Our clients come to us to solve problems that are often complex and multifaceted. We draw together the multiple strands of a business or personal challenge into a coherent, integrated legal response that combines the knowledge and experience of experts in all the relevant fields.

Partner-led

We operate in small teams in which partners not only take the lead but also do a significant amount of the detailed work. Clients can be assured that the partners they engage and brief will remain closely involved in developing and delivering the advice as part of our close-knit, expert teams.

Experienced

Fladgate has a long heritage of delivering high-quality legal advice. We have been providing practical legal solutions to businesses and private clients for over 250 years. Today we are one of the UK’s top 100 law firms, with over 80 partners and a reputation for providing solutions that work.