credentials - osborne clarke · method of ensuring your business's rights are met and that...
TRANSCRIPT
Business Regulation 2009
Credentials
Contents
Private and Confidential
Executive Summary 1 Health and safety 1.1 Board level (director and senior manager issues) 1.2 Claims management (companies) 1.3 Due diligence (corporate and property transactions) 1.4 Enforcement (companies) 1.5 Health & safety regulation 2 Environment and planning 2.1 Due diligence 2.2 Waste management 2.3 Contaminated land 2.4 Nuisance 2.5 Permitting 2.6 Enforcement (companies) 2.7 Planning 2.8 Lobbying 3 Products, services and consumer protection 3.1 Producer responsibility 3.2 Data protection 3.3 Product liability, safety and recall 3.4 Product descriptions, labelling and packaging 3.5 Consumer Protection from Unfair Trading Regulations 2008 4 Competition 4.1 Dawn raids 4.2 Compliance and strategic advice 4.3 Company and sector investigations 4.3 Enforcement 5 Public procurement Biographies
Executive summary
Private and Confidential 1
The regulation of business is a complex blend of legal, economic, political and public relations issues. Complying with the volume of rapidly changing regulation is a difficult task. Even a well intentioned and properly managed business can fall foul of demanding compliance standards, resulting in criminal sanctions.
Regulation encompasses any encounter with government at a European, national and local level, with quasi public bodies and a host of different regulators. Regulation is often a time consuming and expensive hurdle which must be cleared. We aim to make sure that regulation is not an obstacle in the way of progress. Instead it should be a method of ensuring your business's rights are met and that successful compliance provides a competitive edge.
"There is no other team I would prefer to be in the trenches with" Legal 500, 2008
Finding a legal partner who understands your needs when it comes to regulatory advice has become a commercial imperative. Our cross-practice regulatory group has a national reputation for its grasp of the complex statutory regulation of:
health and safety
environment and planning
products, services and consumer protection
competition
public procurement
Our lawyers will:
understand the current and proposed regulations your organisation faces
advise on risks associated with regulation and advise on risk management
act commercially and in partnership with you to achieve strategic objectives
liaise with regulators over enforcement and protect your rights
Our approach Our approach is based on quickly getting to the nub of the issues so that we can truly act in partnership with you.
As your trusted advisor you will see that we:
are results focused
manage costs throughout a matter
project manage the matter every step of the way
give you advice that is straightforward and grounded in commercial reality
Our resources Our lawyers and support teams are high performers, carefully selected and trained to ensure clients receive unequivocal advice and a seamless service across legal disciplines and throughout our offices.
Our practice spans three UK offices where we have over 700 lawyers (including 112 Partners).
Through our European offices and the Osborne Clarke Alliance, we can also deliver a seamless pan-European service, combining an understanding of both EU and local regulatory regimes with a full service commercial legal capability.
1 Health and safety
Private and Confidential 2
We have a longstanding health and safety team with a broad client base. We appreciate many clients now have their own in-house health and safety professionals but still require specialist advice. Major health and safety incidents can occur at any time, which is why we offer a 24 hour emergency telephone response line.
Recent law changes involving corporate manslaughter, higher fines and more imprisonable offences emphasise the government's drive to link health and safety liability to management accountability. Non-compliance has potentially significant consequences, at an individual and corporate level.
Specific areas of speciality include:
1.1 Board level (director and senior manager issues)
Corporate manslaughter
Directors' personal liability for health & safety
Internal control and risk management
Major incident management
Reporting obligations
Board members and senior managers require expertise and reassurance that only comes from many years of experience. Richard Bretton has been recognised as a leader in this field for over 20 years. Richard is a popular speaker and trainer on board level compliance with health and safety regulations.
1.2 Claims management (companies) Employers’ liability and public liability
We are on the Treasury Solicitor's panel for the defence of injury claims brought against government bodies.
1.3 Due diligence (corporate and property transactions) We provide due diligence support in relation to many corporate and property transactions. The issues upon which we advise include the adequacy of insurance cover, documented policies and procedures, risk controls associated with asbestos, construction and fire hazards.
1.4 Enforcement (companies) Handling investigation by the Health & Safety
Executive (HSE), local authorities and police
Advising on HSE and Police and Criminal Evidence Act (PACE) interviews
Defending criminal and civil prosecutions
1.5 Health & safety regulation Electricity regulation
Occupational stress claims
Asbestos– advice about both management and claims
Construction Design and Management (CDM) – advice and training regarding law changes and statutory appointments
Fire – advice regarding fire law changes and audit requirements
Disability discrimination
Acoustic shock
Occupational driving – statutory duties
Occupiers’ liability – ownership, occupation and management responsibilities
Dangerous substances – statutory responsibilities
Inquests – advice and representation
Life sciences – medical devices regulations, medical foods regulations, declaratory proceedings
Transport regulation in the road transport sector
New Roads and Street Works Act claims
1 Health and safety
Private and Confidential 3
Some of our recent work includes:
Client Experience
Fred Olsen Advising on compliance with regulations regarding working at height
A major gas utility company
Advising on the interpretation of and potential civil liability under legislation affecting the gas distribution industry
Georgia-Pacific Inc Advising this US based global manufacturing corporation regarding the establishment of global health and safety standards and procedures
Imco Plastics Successfully defending manslaughter charges brought against a manufacturing company following an outbreak of legionnaires disease related to a cooling tower
Development Securities plc
Successfully defending 17 summonses alleging breaches of fire legislation. The prosecution was struck out as an abuse of process
Nishimatsu Advising this international tunnelling company in a high profile health and safety prosecution following a major explosion on the London underground system
A major utility company
Advising in relation to an HSE investigation following a serious incident involving a contractor
A college of further education
Advocacy in health and safety prosecutions following a chemical explosion and an asbestos incident
A UK university Advising regarding a fire authority investigation following a major fire
Client Experience
A major UK utility company
Advising regarding an inquest and high profile health and safety prosecution following the electrocution of a member of the public
A major UK utility company
Advising regarding an Inquest and HSE investigation following the death of an employee
BladezToys Advising on the regulatory issues of using lead solder in toys
Keir Group Advising regarding overseas secondments
An international building supplies company
Defending a prosecution under the Health & Safety at Work Act (HSWA) and various regulations following a fatality from a fall from height at a building supplies plant
A gypsum manufacturer
Advising on an HSE investigation and PACE interviews following an explosion at a gypsum factory
A major mobile phone company
Advising on potential claims for acoustic shock and the Personal Protective Equipment at Work Regulations
Hotel operator Advising on potential prosecutions for breach of health and safety law following the collapse of a building in central London causing serious injury to a construction worker
Housing association Advising on obligations and potential liabilities under the asbestos regulation
An NHS foundation trust
Acting in a number of inquest matters and advising on a wide range of verdicts, including unlawful killing
2 Environment and planning
Private and Confidential 4
In the environment and planning arena, regulation, political and policy considerations go hand in hand. We combine technical excellence with a keen sense and awareness of wider tactical considerations, including the political agenda. Our environment and planning team has a strong track record in advising clients on a wide range of regulatory issues.
2.1 Due diligence We deliver due diligence reporting in a commercial context, whilst focusing on specific regulatory compliance issues, including permitting, enforcement action, contaminated land, use of hazardous substances and compliance with law.
2.2 W aste management We have over 20 years experience advising the leaders in the waste sector advising on projects involving:
Waste collection, supply, disposal and treatment
Landfill gas to energy and waste to energy
Waste Private Finance Initiative (PFI)
We are active members of the leading waste management industry trade association, the Environmental Services Association (ESA).
2.3 Cont aminated land We regularly provide advice on this complex area of law to banks, corporates, landlords, developers and commercial occupiers. Areas of advice include:
Part IIA statutory guidance and the accompanying legal regime
Liability apportionments on contaminated land disposals or acquisitions
2.4 Nuisance We have advised various corporate clients in claims brought for environmental nuisance.
2.5 Permitting We advise clients on the application of regulations concerning environmental permits and exemptions, including:
Environmental permits
Discharge consents
Radioactive substances authorisations
Greenhouse gas emissions permits under the EU Emission Trading Scheme (ETS).
2.6 Enforcement (companies) In situations where enforcement action is brought for a breach of environmental regulation we provide clients with a full service advising on, and where appropriate defending, regulatory proceedings.
2.7 Planning Our planning lawyers have experience of dealing with the full range of regulatory planning issues. Our regulatory practice deals with enforcement of planning laws that attract criminal sanctions including:
Stop notices
Breach of condition notices
Breach of listed building and Scheduled Ancient Monument control
Breaches of advertisement control
We also liaise with enforcing authorities to prevent procedures being taken and apply for injunctions to prevent unregulated development. We use judicial review to challenge local authorities where enforcement proceedings have been unreasonable.
2.8 Lobbying We also advise our clients on responding to statutory consultation documents and lobbying for amendments to existing and proposed legislation.
2 Environment and planning
Private and Confidential 5
Some of our recent work includes:
Environment
Client Experience
Royal Bank of Scotland
Providing environmental due diligence on the financing of Pyros Environmental's acquisition of the former Veolia hazardous waste incinerator at Fawley, Hampshire
Thames Water Acting in its defence of nuisance proceedings brought by a class of residents in connection with its Mogden sewage treatment works
Leading waste management company
Defending an Environment Agency prosecution for alleged breach of waste disposal legislation
International manufacturer
Acting on an Environment Agency investigation into Pollution Prevention & Control (PPC) permit non-compliances
PD Interglas Acting in statutory nuisance proceedings concerning noise nuisance proceedings brought by a local authority
Hinton Organics Acting in private nuisance proceedings and in negotiations with the local authority concerning the withdrawal of an abatement notice, both in relation to odour issues from its composting operations
Thames Water Acting in its prosecution of a consent holder for breach of the terms of their sewage discharge consent
Large utility company Advising on the application of the Carbon Reduction Commitment Order 2010
Planning
Client Experience
Barratt Homes Advising on the planning and environmental aspects of the first carbon neutral development to receive planning permission in the UK
Co-operative Group Advising on a joint bid with English Partnership for the development of an eco-town on the outskirts of Leicester. Advising on the emerging planning principles contained in draft policy documents released by the Department for Communities and Local Government (DCLG) and local government on representations by the Co-operative Group to promote the eco-town
Galliard Homes Advising on a major waterfront regeneration in Lewisham by securing full planning permission and contested land drainage consent
News International Acting on the relocation of their printing operations from Wapping and advising on their planning applications for major new print facilities at Broxbourne and Liverpool
Leading waste management company
Advising on changes in the law by amending regulations to correct an error in Non-Fossil Fuel Obligation contract legislation
3 Products, services and consumer protection
Private and Confidential 6
The numerous UK statutory regimes and EC regulations affecting products and services touch many UK businesses. We have specialist commercial lawyers who are skilled in advising businesses on their regulatory obligations in this field.
3.1 Producer responsibility Our lawyers advise clients on a wide range of producer responsibility law covering:
Waste Electrical and Electronic Equipment Regulations (WEEE)
Restriction of Hazardous Substances (RoHS)
Packaging
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
Batteries regulation
We have experience of advising clients in the UK, Europe and the US on the application of regulations in both the UK and, through our European offices and the Osborne Clarke Alliance, in other EU member states. Our strong experience in the waste management sector provides depth and industry knowledge when advising in this area. Our experience includes advising on questions of scope, liability apportionment in commercial contracts in the supply chain, producer compliance scheme membership agreements, infringement, regulatory sanctions and Environment Agency prosecutions.
3.2 Dat a protection Few businesses can claim that they do not, in some form, process regulated information about individuals. In addition to computerised data, information recorded on paper files, film or video tape, audio tape and microfiche are all potentially covered by data protection regulations. Keeping valuable information secure whilst also complying with potential data access obligations are examples
of just some of the critical challenges facing those with operations in the UK and/or Europe.
We offer specialist privacy advice and audit services for a wide range of national and international businesses.
Our experts operate across our network of international offices and alliances, and so unlike many law firms, we are able to offer you a genuine global solution to data protection, privacy and technology security issues
3.3 Product liability, safety and recall Under UK and EU regulation manufacturers and distributors have legal obligations to make sure their products are safe and that products can be clearly identified in the event of a recall. Even businesses that trade purely with other businesses need to be aware of issues such as product safety.
We provide advice regarding the policies and procedures to adopt when identifying which standards to follow and what to do when safety concerns arise. We give pragmatic advice particularly when difficult commercial decisions have to be made about notification, withdrawal and recall options in the context of longstanding relationships with trading standards authorities.
3.4 Product descriptions, labelling and packaging We provide advice regarding the different regimes regulating the composition, labelling, advertising and sale of products.
3.5 Consumer Protection from Unfair Trading Regulations 2008 Our regulatory team provides advice and seminars on these harmonising regulations. We also act for clients on enforcement actions.
3 Products, services and consumer protection
Private and Confidential 7
Some of our recent work includes:
Client Experience
A retail clothing company
Advising on data protection and e-commerce issues
A major drinks manufacturer
Advising on EU data protection regulations
Infant and Dietetic Food Association
Leading successful judicial review proceedings against the Departments of Health in England, Wales, Northern Ireland and Scotland regarding Infant Formula and Follow-on Formula Regulations
Nutricia (Cow & Gate) Advising on regulatory issues in relation to their range of baby foods and milk
Porsche GB Acting in the defence of an Environment Agency prosecution for breaches of packaging regulations
Tobacco manufacturer
Providing legal and strategic advice issues of public, EU, Intellectual Property (IP) and human rights law and compensation principles relating to the Department of Health's proposals to introduce regulations imposing a point of sale advertising ban
Manufacturer Acting for a manufacturer in a product liability dispute relating to losses arising from the supply of contaminated bulk liquid carbon dioxide contained in a major drinks brand bottles
Client Experience
NHS foundation trust Acting in a product recall matter concerning an alert issued by the Medicines and Healthcare products Regulatory Agency (MHRA) relating to faulty intra-occular lenses
US packaging company
Advising on compliance with EU regulations on selling of new brand cosmetics with health benefit claims
ICI Acting in relation to faulty childproof caps on poisonous products and potential product recall, corporate and personal liabilities
Food manufacturer Advising on product recall issues after contaminated materials inserted into packaging
Major food group Acting in relation to the recall of milkshake drinks after an anti fermentation agent was incorrectly applied resulting in the drink becoming alcoholic, product recall and claim for recovery of costs
Henry Schein Advising US medical devices manufacturer concerning product compliance issues following importation of dental equipment into the UK
Mobile phone company
Advising mobile phone company in relation to CE marking requirements and content of instruction manuals
4 Competition
Private and Confidential - 8 -
Competition, anti-trust and regulatory rules underpin all forms of trade and commercial activity - from supply arrangements, licensing agreements and M&A activity through to liberalisation and the provision of state aid.
Competition authorities across the EU enjoy far-reaching investigatory and enforcement powers, which they do not hesitate to deploy where antitrust infringements are suspected. Moreover, the use of private enforcement actions is being actively encouraged by EC and UK competition authorities.
In this environment, ensuring your commercial activities are competition law compliant is now an essential element of effective risk management.
Osborne Clarke's extensive European network of alliance firms enables the competition team to provide a seamless service covering both EU and national competition regimes. We act as a single point of contact in co-ordinating foreign competition advice - while you speak directly to one person, we cross borders behind the scenes to provide comprehensive and commercial advice.
Through our international network of associated law firms, as well as our own European offices and US office in Silicon Valley, our competition team is able to provide advice on antitrust, competition and regulatory issues in all major jurisdictions.
Specific areas of expertise include:
4.1 Dawn raids 24/7 emergency telephone dawn raid service
A trained Osborne Clarke dawn raid team in each of our offices
Dawn raid materials including checklist in case of raid, detailed dawn raid manual and precedent documents, such as an e-mail alert to staff to save time and ensure compliance when inspectors arrive
Bespoke compliance training
4.2 Compliance and strategic advice Our competition team is highly experienced in evaluating the competition risks arising from our clients' activities and identifying strategic solutions to enable them to achieve their commercial objectives.
Strategic advice on mergers, joint ventures and strategic alliances
Preparing merger notifications to relevant national and European competition authorities
Advising on distribution, supply and franchising agreements and other trading arrangements
4.3 Company and sector investigations We operate a full-service competition law practice, advising clients on the application of EC and UK competition regulation to their commercial activities. This includes reviewing contracts and commercial behaviour for compliance with competition law as well as defending clients' interests in the event of investigations or sector inquiries by the competition authorities.
Competition compliance audits and competition compliance training
Contract reviews for commercial clients in a range of industries
Advising on and defending client's interests in investigations by national and European competition authorities
Active involvement in legislation change
Advising on state aid and procurement regulations
4.3 Enforcement Private enforcement of regulations by companies is a growing area of competition law. We have a specialist competition litigation team involved in both competition and public procurement cases. We advise clients on enforcing rights under competition law, including injunction applications and follow-on damages claims against third parties who have infringed the competition rules.
4 Competition
Private and Confidential - 9 -
Some of our recent work includes:
Client Experience
Premier Telecom Successfully defending Premier Telecom in connection with a Competition Act investigation by Ofcom into the provision of hospital bedside entertainment systems
Torex Retail Obtaining competition clearance for the acquisition of two AIM listed software companies
Leading energy utility company
Representing a leading energy utility in connection with an Competition Act inquiry by Ofgem
Somerfield Advising on the competition issues arising out of Somerfield's acquisition of 108 petrol station sites from Texaco
3I Group Providing strategic merger control advice regarding its investment in a UK water cooler business
US biotech company Advising on the compatibility of various international patent license agreements with EC competition rules
Carphone Warehouse Appealing a price determination by Ofcom before the competition appeals tribunal
Internet browser provider
Providing competition compliance audit
Retail association Lobbying the European Commission regarding a block exemption
Client Experience
National transport company
Pursuing damages via arbitration against a fuel supplier for abuse of a dominant position
Electricity distributor Acting for a national electricity distributor in litigation regarding alleged unfair pricing and margin squeeze
Dairy and grocery conglomerate
Acting for a dairy and grocery conglomerate in state aid litigation regarding subsidies which were alleged to have become contrary to European law and thus anti-competitive
Business information publisher
Advising on options for injuncting a supplier for breach of a dominant position and facilitating settlement negotiations
Food supplies wholesaler
Pursuing, pre-litigation, a claim for abuse of a dominant position against a manufacturer. Negotiating a beneficial settlement for the client
Business conference provider
Advising on contentious issues arising from a market sharing agreement and pressing anti-trust claim against the co-signatory to that agreement. Negotiations resulted in our client acquiring the co-signatory's business.
5 Public procurement
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Over £150 billion a year is spent on the procurement of goods and services from public bodies. Purchasing is increasingly done through complex procurement routes including Private Finance Initiative/Public Private Partnership (PFI/PPP) framework and partnering contracts, web portals and reverse auctions.
Our public procurement group has specialists in all areas of the procurement process. Our experience covers both sides of the procurement regime – acting for both private sector contractors and awarding authorities.
With procurement specialists across our European offices and network of alliance firms, we are able to advise on cross-border public procurement issues and bidding for contracts in other member states.
""Technically skilled” in the field of public procurement, this group advises the public sector, utilities and contractors…drawing expertise from the firm’s projects, energy and infrastructure, litigation and competition groups. The team has expertise across a wide range of sectors" Chambers 2009 "Osborne Clarke’s PFI team ‘delivers on time and within budget’."
Legal 500 2009
Our approach We understand that clients want:
Regulatory advice explained in a user-friendly manner
Strong technical expertise and relevant sector experience
A commercial and practical approach to compliance
Swift, pragmatic advice on bringing or defending challenges to a procurement process
Experience
Private sector
We advise the private sector on every aspect of the public procurement process from Invitations to Participate in Dialogue to contractual/financial close. Our team works both strategically advising on how best to win bids, and also, importantly, on compliance with the regulatory regime:
Assisting in responding to Invitations to Tender (ITT)
Reviewing and advising on award criteria and scoring mechanisms
Advice on obtaining information from the contracting authority under procurement regulations and associated legislation including the Freedom of Information Act and Environmental Information Regulations
Strategic and tactical advice on whether to challenge an award
Public sector
We advise authorities (including executive agencies, NHS trusts, primary care trusts, local authorities and universities) on the implementation and negotiation of all types of procurements, including major projects. We also advise the utilities sector on compliance with the utilities regulations.
Advising on whether the rules apply to a procurement and risks of non-compliance
Choice of procurement process, benchmarking and market testing
Drafting compliant tender documentation
Developing compliant evaluation criteria at the selection and award stage and scoring methodology
Compliance with the rules regarding the standstill period and provision of de-brief information
Defending claims for breach of the rules
5 Public procurement
Private and Confidential 11
Some of our recent work includes:
Client Experience
The private sector partner for a Local Improvement Finance Trust (LIFT) scheme
Advising on various procurement issues, including whether the process for appointment was compliant with the public procurement rules, whether the partner was a "contracting authority", and the scope of the contract notice
Babcock Marine Advising on a £560 million contract extension of the warship Support Modernisation Initiative PPP at Devonport
Preferred bidder Advising the preferred bidder on the Wave 2 Cumbria and Lancashire Independent Sector Treatment Centre
Eurostar Advising on the application of the utilities regulations to the re development of St Pancreas
Western Power Distribution
Providing strategic advice, a suite of precedent procurement documents and training to the in-house team on the application of the utilities regulations
University of Bath Advising on the EU procurement process for appointing contractors and professional consultants to its framework panel
City of Bristol College We have very recently provided strategic advice on EU procurement matters. We are currently assisting with the procurement of a large project and are providing guidance on the EC procurement process.
Client Experience
Major UK regional airport Advising on opening up its fuel supply arrangements to competition and conducting the tender procedure under the public procurement rules.
Electralink Limited Advising the corporate vehicle representing and owned by the UK electricity companies, on its procurement of a managed data network service for the UK electricity market
Local tourist attraction Advising on a large scale expansion and development project funded by a regional development agency
Wind farm developer Advising on bringing a public procurement complaint in relation to the tender process for a large scale wind farm project
A leading waste management company
Regularly advising on public procurement issues
Somerset County Council
Advising on the application of the EC procurement rules to a renewable energy project and preparing all of the tender documentation.
International consortium Advising on tendering for a large traffic infrastructure project
ICT provider Advising on the Lancashire Building Schools for the Future project
International pharmaceutical company
Advising on obtaining information in a de-brief following a procurement by the NHS for cardiac stents, advising on chances of successfully bringing a claim for damages for breach of the procurement regulations
Biographies – Health and safety, products and services
Private and Confidential 12
Richard Bretton Partner
Richard is the leading health and safety lawyer in the South West and Wales and respected by peers and clients alike for his robust business acumen and health and safety experience. He has advised a wide range of corporate clients (private and public) on health, safety and fire issues.
Richard's team was described by Chambers & Partners 2007 as an "absolute gem" providing "excellent advice, taking a very practical approach" and "using their depth of knowledge to find practical solutions". His experience includes:
Assisting directors and managers (from board level to shop floor) to comply with the growing array of regulations requiring the identification and management of risks and the protection of vulnerable employees.
Although Richard prefers to advise before things go wrong, he has very wide experience of enforcement procedures and criminal proceedings. He has acted in many recent high profile cases.
Richard has a particular interest in the risks (including construction design and management & disability discrimination) that have to be controlled by the owners, occupiers and managers of commercial premises and portfolios. He is retained by many of the international managing agents based in London.
t +44 (0)117 917 4046
Andrea Tithecott Senior Associate
Andrea specialises in health and safety law and related litigation, both civil and regulatory crime. Andrea's special interests lie in the utilities sector and occupational health sector.
Andrea enjoys handling claims from start to finish; advising clients at the accident investigation stage, dealing with the overlap with employment law, liaison with HSE (and other regulators), prosecutions work, inquest advocacy and managing personal injury claims. She undertakes work for the Treasury Solicitor, NHS foundation trusts and major utilities companies. Andrea provides seminars and training workshops tailored to her clients needs. Her experience includes:
Advising an electricity distributor regarding high profile inquest and HSE prosecution following the death of a member of the public following contact with high voltage electricity cables.
Advising self insured (or captive insured) utilities companies on fast track and multi-track personal injury claims.
Compliance advice to manufacturer of advanced medical nutrition products on regulatory, labelling and advertising requirements as determined by the Medicines and Healthcare Products Regulatory Agency.
t +44 (0)117 917 4038
Breige Murphy Associate
Breige specialises in health and safety law and associated litigation. She offers proactive advice on health and safety issues affecting the manufacturing and retail sectors, including occupational health, product liability, environmental safety and property management.
Breige is an experienced litigator, specialising in claims involving personal injury. Her specialist areas include asbestos, deafness, Vibration White Finger (VWF), Work Related Upper Limb Disorder (WRULD) and stress.
She is a highly skilled negotiator and committed to alternative dispute resolution.
She advises on enforcement issues and criminal prosecutions.
Breige has lectured extensively on health and safety and is particularly interested in devising training workshops tailored to meet the business needs of individual clients.
t +44 (0)117 917 4040
Biographies – Health and safety, products and services
Private and Confidential 13
Catherine Wolfenden Associate
Catherine advises a diverse range of industry sectors on compliance with health & safety legislation, handling HSE and police investigations following incidents, and enforcement procedures, including criminal prosecutions.
Catherine's experience includes:
Advising a multi-national building materials supplier on a fatality following a fall from height, including defending the subsequent prosecution in the crown court.
Advising a china clay manufacturing business on the fall out from a major incident, including the HSE investigation and advising on improvements to the company's health & safety systems.
Acting for a construction company following the collapse of a building in central London which left several contractors injured, including advising on the CDM regulations.
Acting for a mobile telephone company on acoustic shock issues.
t +44 (0)117 917 3600
Biographies – Environment and planning
Private and Confidential 14
Alan John Partner
Alan specialises in all areas of environmental law, particularly renewable energy projects (including wind, biomass, water, landfill gas and waste to energy), waste management, contaminated land, water pollution and contractual protection.
Alan qualified in 1984 and joined McKenna & Co, moved to Osborne Clarke in 1987 and became a partner and head of the Environment and Energy Group in 1990.
His experience includes:
Advising on the environmental aspects of corporate and property transactions.
Advising on the making and defending of environmental claims.
Regularly lecturing on a variety of related subjects.
t +44 (0)117 917 4240
Matthew Germain Lawyer
Matthew is a solicitor in the environment and energy team. He has experience of a broad range of environmental law issues, including contaminated land, renewable energy, waste management, water pollution, climate change regulation and environmental claims.
Matthew's experience includes:
Advising on environmental information regulation and regulation concerning producer responsibility for both UK and overseas clients.
Providing environmental advice on property, corporate and banking transactions.
t +44 (0)117 917 3662
Kevin Gibbs Partner
Kevin is consistently rated by the Chambers & Partners' guide to top law firms as a leading planning and environmental practitioner, with a particular interest in housing developments, regeneration projects (including Compulsory Purchase Orders (CPO) work), minerals and waste management schemes, business park schemes, transport developments and energy projects. His experience includes:
Property development: Advising clients such as Barratt on planning and infrastructure agreements, appeals, planning applications.
Environmental and energy: Advising on all forms of planning and environmental advice to waste management and renewable energy companies.
Major corporate and institutional land owners (including crown agencies): Advising corporates such as the Co-operative Group and QinetiQ on planning and environmental aspects of their land holdings and transactions involving development of their estates.
Transportation: Advising train operating companies on compulsory purchase powers and compensation matters and all planning and environmental matters. Advising on airport developments.
t +44 (0)117 917 4222
Biographies – Environment and planning
Private and Confidential 15
Neil Bromwich Associate
Neil is a dual qualified solicitor and chartered surveyor. He worked in the waste and minerals sectors advising on development projects before joining Osborne Clarke in 2000.
Neil's experience includes:
Negotiating commercial planning agreements and environmental consents and advising on all contentious and non-contentious areas of planning and environmental law.
Acting for major retail, leisure and residential developers on planning projects.
Having worked in development roles for Biffa Waste Services and Tarmac before qualifying as a solicitor, Neil continues to advise a number of major mineral and waste clients.
t +44 (0)117 917 4078
Helena Gauterin Lawyer
Helena is a solicitor in the environment and energy team working closely with Alan John and Matthew Germain on the team's portfolio of renewable energy clients and enjoys advising on key issues, regulations and contracts in this fast-moving sector.
Helena read Biological Sciences at Oxford before working in environmental consultancy and then converting to law.
Her experience includes:
Advising clients on UK and European environmental legislation, including contaminated land, pollution, conservation, climate change, and waste.
Providing environmental support for corporate and property transactions.
t +44 (0)117 917 4086
Biographies – Competition
Private and Confidential 16
Simon Neill Partner
Simon Neill is head of Osborne Clarke's competition practice, where he specialises in competition (anti-trust), regulatory and EU law.
His experience includes:
Advising on the full range of competition and regulatory issues arising under UK and EC merger control laws; the Competition Act 1998 and Articles 81 and 82 of the EC Treaty; utilities regulation; state aids; and procurement laws.
Advising companies on the competition law aspects of their commercial arrangements and activities.
Seeking merger control clearances for public takeovers, private acquisitions and joint ventures.
Acting in cartel and individual company investigations by competition authorities and sector regulators.
t +44 (0)20 7105 7028
Miles Trower Associate
Miles regularly advises on all aspects of both UK and EU competition law. Before joining Osborne Clarke, Miles worked in-house in France for a large manufacturing company and for Jordans in the UK as a company legal adviser. His experience includes:
Advising on and making UK and EU merger filings, co-ordinating notifications on a wider international basis and seeking confidential guidance and informal advice from the Office of Fair Trading (OFT).
Advising a leading distributor in relation to the Competition Commission's recent inquiry into the supply of prescription-only veterinary medicines.
Extensive experience of reviewing commercial agreements from a competition perspective, as well as drafting and negotiating a wide range of agreements, including distribution, outsourcing, franchise/master licences and dealer agreements.
In the area of motor vehicle distribution and after-sales operations: advising national car dealer associations on new block exemption compliant dealer/repairer network agreements covering five major brands (including Land Rover and Toyota) across the UK, as well as negotiating these agreements (and pan-European standards) with the relevant car manufacturers.
t +44 (0)117 917 4302
Andy James Associate
Andy is an associate in the commercial and competition team, specialising in European competition and public procurement law with a particular focus on the technology and telecoms sectors.
He regularly advises both tenderers and contracting authorities and utilities on significant procurement projects, and how to manage the risks of non-compliance.
Andy's experience includes:
Strategic advice on the procurement rules and drafting contract documentation to the successful tenderer for a £100 million contract for digital ambulance radios.
Advising on the application of the public procurement rules to, and drafting relevant tender documentation for a significant construction project for the second largest further education college in the UK.
Reviewing and updating the suite of contractual and procurement documents for a UK utility company.
Advising significant utilities and public authorities (such as the Environment Agency) on outsourcing projects, from both a procurement and commercial perspective.
t +01 650 4624022
Biographies – Competition
Private and Confidential 17
Katherine Kirrage Lawyer
Katherine specialises in UK and EC competition law. She regularly advises on a range of competition issues, acting for a variety of clients, including a leading electronic payments provider, an independent gas transporter and a major mobile network operator.
Katherine's experience includes:
Advising on UK and EC merger control laws, as well as coordinating cross-border merger control filings.
Assessing the competition law and regulatory compliance of clients' commercial arrangements, including contract reviews, competition law audits and advice on preparing for dawn raids.
t +44 (0)20 7105 7514
Douglas Peden Associate
Working closely with the firm's non-contentious competition and procurement team, Douglas spearheads our competition litigation practice, advising clients who have been affected by breaches of competition law, pressing and defending private enforcement claims and handling contentious aspects of competition investigations. He also works closely with the team on contentious public procurement issues, providing strategic input and support on debriefs and challenges.
Douglas' experience includes:
Pursuing, in arbitration proceedings, a multi-million pound damages claim for a national transport company against a fuel supplier for abuse of a dominant position.
Acting for a national electricity distributor in litigation regarding alleged unfair pricing and margin squeeze.
Pursuing, pre-litigation, a claim for abuse of a dominant position against a manufacturer on behalf of a food supplies wholesaler. Negotiating a beneficial settlement for the client.
t +44 (0)117 917 4026
Thomas Funke Partner
Thomas leads our competition practice in Germany. He advises on German and European competition law, as well as on intellectual property disputes.
His experience includes anti-trust litigation, compliance, multi-jurisdictional merger filings and Phase-II-investigations. He also advises on distribution systems and regulated industries.
Experience:
Succeeding in receiving clearance for a $450 million merger of two US technology companies.
Representing RAG in court proceedings regarding the ministerial clearance of the 10.4 billion Euro sale of Ruhrgas to E.on.
Representing various clients from the motor vehicle and technology sectors in antitrust complaint actions before the German Federal Cartel Office and the European Commission.
t +49 221 51084110
Biographies – Competition
Private and Confidential 18
Anna Woodward Lawyer
Anna specialises in advising on the application of UK and EU competition law to a wide range of commercial activities. She acts for a variety of business clients, including those in the utilities, telecoms and transport sectors.
Anna's experience includes:
Advising companies on competition investigations by the OFT.
Reviewing commercial arrangements to ensure compliance with competition law.
Advising on UK and EC merger control laws.
Advising companies on precautions against dawn raids.
t +44 (0)117 917 3204
Biographies – Public procurement
Private and Confidential 19
Simon Neill Partner
Simon is head of the firm's competition practice, where he specialises in competition (anti-trust), regulatory and EU law, as well as advising both procuring bodies and private sector clients on public procurement issues. His experience includes:
Advising Somerset County Council on key matters, including the use of the competitive dialogue procedure in relation to a complex project for the construction and operation of windfarms; and the procurement and state aid implications of the establishment of a leisure trust.
Advising the Environment Agency on the outsourcing of the management of its pension fund.
Providing detailed state aid advice to a property developer in relation to the funding of a regeneration scheme.
Advising Wessex Water on the application of the Utilities Contracts Regulations.
Advising private sector transport companies including Transdev and Arriva on non-contentious procurement matters.
t +44 (0)20 7105 7028
Dr Oliver Esch Partner, Cologne
Oliver advises domestic and international organisations on public procurement and public commercial law, including all aspects of privatisation.
His experience includes:
He has wide experience of public tendering procedures throughout the EU as well as of administrative approval procedures under German law. He negotiates various agreements between organisations and health insurance companies as well as cooperation agreements within the health care sector.
He acts in tenders, approval procedures and product recalls for leading worldwide manufacturers and suppliers of medical products . He also has deep knowledge of emergency and rescue services and extensive experience in this field.
Oliver gives frequent lectures on public procurement and public commercial issues. He is the author of a textbook and various articles on public procurement and public commercial law and has earned a doctorate from Cologne University (Dr. iur.).
t +49 221 51084194
Katherine Kirrage Lawyer
Katherine specialises in UK and EC competition and public procurement law, regularly advising on a range of issues across a variety of sectors.
Her experience includes:
Advising both procuring authorities and bidders on the application of the procurement rules, the procurement process and potential challenges.
Advising the trustees of a public authority pension scheme on the potential application of the procurement rules.
Providing Nutricia Medical with strategic procurement advice on bidding for NHS contracts, including requesting feedback and advising on potential challenges.
Advising a property developer on the state aid rules in relation to funding for a regeneration scheme.
Advising Somerset County Council on the procurement and state aid implications of the establishment of a leisure trust.
t +44 (0)20 7105 7514
Biographies – Public procurement
Private and Confidential 20
Chris Wade Partner
Chris has advised on complex procurements for over 15 years in both the public and private sectors. He is an acknowledged sector expert in the PFI and outsourcing sectors.
Complementing the PFI/PPP schemes, Chris specialised in local government, planning and public procurement law and has given lectures both in the UK and Europe on aspects of public procurement including both the negotiated and competitive dialogue procedures.
Chris' experience includes:
Education: Advising consortia on bids for Salford and Wigan and Lancashire BSF projects.
Housing: Advising on the Kent and Shropshire care home deals.
Energy/Waste: Advising on various street cleaning outsource contracts and an energy to waste power station.
Health: Advising various NHS trusts on their PFI deals and FM providers on their bids.
Equipment: Advising on the Integrated Clothing Project to reproduce fire fighting equipment within the Fire & Rescue community.
t +44 (0)117 917 3426
Simon Moore Partner
Simon is a partner specialising in all sectors of the PFI and PPP market, both domestically and overseas, including education, transport, ICT, health, street lighting, leisure and contract standardisation.
His experience includes:
Advising in all sectors of the PFI market and on projects, construction, facilities management, ICT, and equity/subordinated debt documentation.
Within the PFI sector advising local and central government, lead consortia, construction and facilities management contractors, ICT providers, and senior lenders.
Advising clients on the competitive dialogue process including (i) interpretation of procurement documentation and evaluation criteria (ii) protection of intellectual property (iii) permitted activity before and after selection of preferred bidder.
Working in a large City law firm, as an in-house lawyer for a PFI bidder, at Partnerships UK, and for the last 6 years in private practice as a PFI/PPP specialist.
t +44 (0)117 917 3474
Andy James Lawyer
Andy is an associate in the commercial and competition team, specialising in European competition and public procurement law with a particular focus on the technology and telecoms sectors.
He regularly advises both tenderers and contracting authorities and utilities on significant procurement projects, and how to manage the risks of non-compliance;
Andy's experience includes:
Strategic advice on the procurement rules and drafting contract documentation to the successful tenderer for a £100 million contract for digital ambulance radios.
Advising on the application of the public procurement rules to, and drafting relevant tender documentation for a significant construction project for the second largest further education college in the UK;
Reviewing and updating the suite of contractual and procurement documents for a UK utility company; and
Advising significant utilities and public authorities (such as the Environment Agency) on outsourcing projects, from both a procurement and commercial perspective.
t +01 650 4624022
Biographies – Public procurement
Private and Confidential 21
Catherine Wolfenden Associate
Catherine is an associate in the litigation group. Her practice covers a wide variety of regulatory matters, including extensive experience advising on public procurement.
Her experience includes:
Providing ad-hoc advice to clients on the interpretation and application of EU Treaty principles and UK procurement regulations.
Advising a successful bidder on the protection of its confidential information in a challenge brought by an unsuccessful tenderer following the major procurement of fire fighting equipment, reported case Lion
Apparel Systems Limited v Firebuy [2007]
EWHC 2179 (Ch).
Advising an international pharmaceutical company on whether to challenge the procurement by the NHS for cardiac equipment, including extensive pre-action correspondence during the standstill period.
Acting for a construction company on its rights of action against a university when it cancelled a major building procurement just before financial close.
Advising a private sector manufacturer on challenging a major NHS procurement for decontamination equipment, including attending the de-brief and dealing with pre-action correspondence, which resulted in the procurement being re-run.
t +44 (0)117 917 3600
Douglas Peden Associate
Working closely with the firm's non-contentious competition and procurement team, Douglas deals with contentious public procurement issues
His experience includes:
Doug advises on contentious public procurement issues, assisting clients in obtaining tender debriefs and acting for tenderers seeking to challenge public procurement decisions.
Recent advice includes advising a client on bringing legal proceedings to stay a procurement process and pressing a claim for compensation for wasted costs incurred in a defective procurement procedure.
Key procurement clients include Nutricia and Dairygold.
t +44 (0)117 917 4026
Anna Woodward Lawyer
Anna specialises in advising on the application of UK and EU competition law to a wide range of commercial activities. She acts for a variety of business clients, including those in the utilities, telecoms and transport sectors.
Anna's experience includes:
Advising both public bodies and private contractors on the application of the public procurement rules to proposed arrangements, as well as drafting key procurement documents for contracting authorities.
t +44 (0)117 917 3204