- Advising on a range of corporate/commercial cases including foreign direct investment, banking and finance, joint ventures, acquisitions and securities, including:
- Tobacco: Advising Japan Tobacco Inc. on applicable Tobacco regulatory regime
- Agriculture: Advising Agriterra Ltd, an AIM listed Pan-African agribusiness, on its takeover of Tropical Farms Ltd ('TFL'), the first Sierra Leonean cocoa company to become a voting member of the Federation of Cocoa Commerce ('FCC').
- Bioenergy: Advising and drafting the various instruments for the loan agreement between Addax Bioenergy, a subsidiary of the Swiss-based energy group, The Addax and Oryx Group Limited (AOG) on the one hand and seven European and African development institutions for an integrated renewable energy and agriculture project near Makeni, in Sierra Leone, including the development of a greenfield sugarcane plantation, the construction of an ethanol refinery and a biomass-fuelled power plant. This loan agreement comprised €133 million debt finance by, African Development Bank (AfDB), the Emerging Africa Infrastructure Fund (EAIF), the Netherlands Development Finance Company (FMO), the German Development Finance Institution (DEG – Deutsche Investitions- und Entwicklungsgesellschaft mbH), the South African Industrial Development Corporation (IDC), the Belgian Development Bank (BIO), together with Cordiant managed ICF Debt Pool. The Swedish Development Fund (Swedfund) and FMO joined AOG as equity partners, bringing the total size of the investment to €258 million.
- Leasing: Lead adviser to MonuRent, a heavy equipment leasing company establish and operate in West Africa
Telecommunications Media and Technology (TMT)
- Advising IBM establishment in Sierra Leone as 1 of the 16 African countries to benefit from the IBM and Bharti Airtel 10-year partnership.
- Advising Erickson generally on several matters following insourcing of its telecoms business
- Consultant to International Telecommunications Union (ITU) on the Consultation Meeting on the Development of the Telecommunications/ICT Sector in West Africa held in Lomé, Togo, 22-25 March 2011
- Advising Google Inc. (“Google”) launching of text Messaging and related telecommunications in Sierra Leone.
- Advising Zambian Telecomms (“Zamtel”) divestiture. The Investor client did not proceed. A government enquiry vindicated this, ruling in November that the sale of a 75% stake in Zamtel to LAP Green was fraudulent.
United Nations and World bank
- Advising the UN Capital Development Fund (UNCDF)’s Microfinance Investment and Technical Assistance Facility (MITAF) to develop a competitive, sustainable and inclusive financial sector that provides access to financial services to poor and low-income people in general, and to micro and small businesses in particular. This project was jointly supported by UNCDF, UNDP, KFW Bankengruppe and Cordaid. In partnership with Financial Sector Development Program, MITAF II aimed to provide access to financial services to around 390,000 active clients, up from 123,000 during its first phase.
- Contributor to the World Bank Doing Business 2012
- Adviser to the UK Department for International Development (“DFID”) on the Justice Sector Development Programme (JSDP, £27 Million), its successor, Access to Security and Justice Programme (ASJP, £25 Million); anti-corruption, Counter-Fraud, Anti-bribery and electoral programmes (£38 Million) and UK Humanitarian Programme (£300 million). This included:
- Defining the legal framework underpinning oversight and accountability of the Ministry of Internal Affairs and its Agencies (Police, Prisons, National Electoral Commission, National Commission for Small Arms and Ammunition; Immigration; National Drugs law Enforcement Agency; National Registration Secretariat; and Coroner's Office);
- Advising on the mandates of Security and Justice Agencies;
- Developing the Road-Map to optimise oversight of security and justice institutions;
- Advising on development and implementation Anticorruption Commission Strategy;
- Advising on the Legal Framework for Elections and Electoral Law Reform
- Extensive workshops on civil and criminal law and procedure for paralegals.
- Advising HMG (Department of International Development (DFID), Foreign and Commonwealth Office (FCO) and Ministry of Defence (MoD)) on anti-corruption, accountability and counter-fraud, including
- The development and implementation of the Troika transparency, anti-corruption, accountability and counter-fraud strategies;
- Troika’s/the international risk-management, anti-money laundering, anti-bribery and accountability programming; and
- Enhancing anti-corruption safeguards DFID South Sudan programmes; and strengthen DFID’s analysis and provision of policy advice on corruption issues to the Her Majesty’s Government.
- Adviser to the UK Department for International Development on a cross section of portfolio areas, including in wealth creation, resilience, natural resource management, governance (accountability, access to justice and security portfolio are security sector transformation; reducing conflict and stabilisation; public sector development; accountability and gender), education and health. Total =£100 investment. This included advising:
- Leadership and management on the strategic and policy direction to ensure the effective implementation of the Operational Plan.
- Programme management and corporate compliance.
- Development of a New Deal Compact with the Government of the Republic of South Sudan.
- Political Economy Analysis across all programme areas.
- Cross cutting agendas and tracking delivery, specifically:’ Gender Strategy; the Counter-Fraud and Anti-Corruption Strategy and the Due Diligence Framework.
- Effective financial management of all programme budgets
- Commercial Capability Plan and Financial Improvement Plan.
- Strategic dialogue and engagement with both national and international partners.
- Sustaining a cohesive UK engagement through effective cross Whitehall working with other parts of HMG.
- UK’s lead on the High Level Dialogue and DFIDSS’ lead as co-Chair of the Accountability Sector Working Group.
- International efforts to improve the performance of UNDP, UNMISS and UNPOL
- Development of Access to Justice Programme, including ensuring that HMG's strategic priorities are reflected in the process, particularly
- Improved access to justice for women and eliminating violence against women and girls;
- Cross cuttings issues such as gender and accountability are reflected;
- Proposals are considered through a peace building/state building framework lens;
- Do No Harm approach is adopted; and
- Linkages to other programmes within the portfolio, particularly with police development and Community Safety and Small Arms Control Programme;
- coordinating and sustaining relationships with national and state level officials, particularly in the security sector; civil society representatives, other donors; EU, World Bank; UNMISS and UN Agencies.
- slider Due Diligence and risk assessment/management: Baseline and comprehensive due diligence and risk management review of the following multilateral agencies:
- United Nations Development Programme (UNDP);
- United nations Food and Agricultural Organisation (FAO);
- World Food Programme (WFP);
- United Nation Office for Projects (UNOPS);
- International Committee of the Red Cross (ICRC);
- International Organisation for Migration (IOM);
- United nations Children's Fund (UNICEF);
- United Nations High Commission for Refugees (UNHCR); and
- United Nations Office for Humanitarian Affairs (UNOCHA)
This was in order to protect over £300 million taxpayers funds better and to ensure that its funding through partners is able to deliver results, achieve value for money and demonstrate high standards of accountability and transparency. It includes reviewing its partner’s capacity, their systems, policies and processes so that we can gain a much better understanding of the strengths, weaknesses and risks in working with that partner, thus leading to more informed and better-managed interventions.
Health and Social care
- Legal Counsel to FirstCol Services Limited (FirstCol), a staffing agency specialised in supplying Nurses, Health Care Assistants, Support Workers, Home carers and Allied Healthcare staff (Occupational therapists, Physiotherapists, Social Workers)
- We advise nurses and homecare agencies, care homes, clinics, suppliers to the medical profession and pharmaceuticals on the full range of Intellectual Property(IP), antitrust, commercial litigation and merger and acquisitions (M&A).
- We represent you in challenging regulator inspection reports, cancellation, suspension or variation of conditions, warning and fixed penalty notices; defend regulator prosecutions, adult Safeguarding and Local Authority Designated Officer (LADO) Investigations.
- We support providers in processing applications for registration; represent clients in serious case reviews, inquests, contractual and fee disputes.
- We extend our service to professional disciplinary cases.
- Our experience mean we can support and advise clients with
- community care assessments for children and adults; direct payments and individual/personal budgets;
- placements in residential care;
- access to life-saving treatment;
- medical ethics and treatment decisions;
- Closure to care homes and day care services;
- NHS Continuing Healthcare (CHC) disputes;
- The Care Act.
- We conduct regulatory due diligence (what is this?) and
- We advise on clinical trials; telemedicine and telehealth.
Rail and Bus Regulation
- Advising ATOC on the strategy for Network rail’s role in relation to safety obligation within the railway industry.
- Advising ATOC on Network Rails’ application for safety authorisation
- Handling First Capital Connect Limited’s Appeal to Office of Rail Regulator (ORR) against the determination by the Access Disputes Panel.
- Defending and advising on the settlement of various passengers claims against First Great Western
- Advising FirstGroup PLC on the Concessionary Bus Fares agreement, determination and appeals against Local Authorities’ arrangements.
Data Protection, Freedom of Information and Privacy
- Acting as Ofgem Data Protection Officer advising on general issues such as information release and handling issues under Freedom of Information Act 2000 and Data Protection Act 1998; relevant aspects of the Human Rights Act 1998.
- Confidentiality and disclosure of Gas Opex and Capex benchmarking data to the Commission for Energy Regulation (CER).
- Advice on the data protection, freedom of information,, Utilities Act 2000 and Enterprise Act 2004 prohibitions on information disclosure.
Gas and electricity
Adviser Office of Gas and Electricity Markets (OFGEM): Advising on a wide range of issues concerning the Authority’s duties, functions and powers to the following Ofgem Divisions:
A.) Corporate Affairs Division : Advice to all the Directorates within the Corporate Affairs Division (Licensing and Industry Codes, Consumer and Social Affairs, Enforcement and Compliance, Governance and the Environment).
- Advising in relation to implementation of EC Directives such the Directives on internal market for gas and electricity..
- Advising on the duties of the Authority in relation to enforcement in the event of breach by licensees of statutory or licence duties. Consideration of competition law and regulatory powers of Authority.
- Advising in relation to guidelines on gas storage to be produced by European Regulators Group for Electricity and Gas.
- Advising on amendments required to industry codes to facilitate connection of Renewables generators to the electricity transmission network.
- Advising on the transfer of certain of the Authority’s functions to other government body.
- Advising on legal challenge to the key decisions which the Authority made, particularly a decision the Authority made during the second quarter of 2007.
- The legal framework within which certain of the Authority’s decisions must be taken. This has required me to advise on, without limitation, European law, public law and human rights law issues.
B. Networks Division tasks
- Advising on arrangements relating to the generation of electricity at offshore wind farms and instructing Parliamentary Counsel on drafting of primary legislation.
- Advising the team undertaking the ongoing price control reviews for all GB gas and electricity transmission companies and gas distribution companies.
- Advising on determination of a dispute regarding connection of a power station to the national gas transmission network under OFGEM’s statutory powers.
- Advising on implementation of the European Measuring Instruments Directive into GB law. Drafting implementing statutory instruments using powers under European Communities Act 1972.
- Advising on granting of exemptions from European third party access requirements to gas storage facilities.
- Advising on exercise of OFGEM’s powers to appoint a supplier of last resort to protect consumers in the event of insolvency of existing power supply companies.
- Advising in relation to competition investigation into the provision of metering services by a major electricity supplier..
Gas and electricity projects
- Gas Distribution Price Control review (GDPCR) Project –
- Relevance of “Prohibition on Information Disclosure” (PID) Policy to GDPCR operations, including Notice under s. 105 UA 2000 and Part 9 EA 2002 for current contractors; Advice on changes to OFGEM standard Ts and Cs to ensure consistency with PID Policy;
- Re-drafting Ts and Cs to cover ss. 105 UA 2000 and Part 9 EA 2002; and
- Drafting of non-disclosure agreement.
- Effect of Termination of Electricity Metering Controls: Review of consent templates under National Grid Electricity Trading (NGET) condition B6 and National grid gas (NGG) Standard Special Condition A36; Distribution Licence modifications and Drafting of Electricity Licence modifications.
- Advise on LPG qualification for exemption or exception under the Gas Act 1986
- Advising on the legal requirements for OFGEM Obligation to Keep a register under s.36 Electricity Act 1989.
- Drafting of Notifications, Decisions and Directions on Proposal to offer for sale Obligatory Incremental Entry Capacity (OIEC).
- Gas Distribution Networks (GDNs) and shrinkage Licence drafting.
- Drafting a s. 23 Gas Act 1986 Notice for UK Utilities (Gas) Ltd on Gas Licence modification
C. Operations division
- Advising on the implementation of Standard of Performance Determinations and Impact Assessments.
- Advising colleagues in the procurement team in connection with the public procurement rules.
- Advising on the impact of UK government Better Regulation Agenda and the OFGEM response.
- Advising on the outsourcing of various projects: Advice on ITTs, tender Submission and Negotiations and Contract.
- Drafting Terms and Conditions for procuring the development of the OFGEM Website
- Managing OFGEM IT/OFGEM Procurement/supplier dispute resolution
- Advising on modifications to the charging methodologies for electricity transmission in England and Wales and the impact on other industry documents, including transmission licensee’s price controls.
- Advising on conduct of investigation of licensees’ activities, monitoring and enforcement od standard of performance determinations..
- Advising on the powers of the Authority to conduct investigations and gather evidence.
Petroleum Oil and Gas
- Advising Russian Lukoil Overseas (a wholly-owned subsidiary of LUKOIL) and Vanco of the United States acquisition of a 49% and 30% stake respectively in ORANTO Petroleum’s Petroleum Agreement for SL-5-11 Offshore Block in the Republic of Sierra Leone (West Africa).
- Advising on a Canadian-based Talisman Energy company acquisition of a majority stake in an offshore block (80%) in Prontinal Limited when Prontinal failed to proceed with exploration. LUKoil’s minimum exploration program at the SL-5-11 block in Sierra Leone is $ 100 million. The contract also provides for social responsibilities, including a $10 million contribution to Sierra Leone government social programs paid when the deal was closed.
Minerals and Mining
- Lead lawyer advising African Minerals Limited (“AML” ) on Shandong Iron & Steel Group Co., Ltd (“SISG”) $1.5Bn acquisition of a 25% shareholding in the Tonkolili project companies (“the Investment”), including purchase of iron ore under an off-take arrangement; with an additional equity ore option; dividend ore option and repayment of the existing $417.7m secured loan facility.
- Advising Ernest and Young on Boartlongyear drilling operations in Sierra Leone and Liberia.
- Advising Sable Mining Africa Ltd, an AIM listed resource company acquisition of an 80 percent stake in Red Rock Mining for a $21 Million consideration.
Health, safety and the environment
- Representing WAGN and Association of Train Operating Companies (ATOC) at the Potters Bar Inquest.
- Handling Health and Safely Executive, Environmental Agency and Fire and Rescue Authority investigations prior to any decision to prosecute, at interviews under caution and in defending companies facing health and safety prosecutions or that have received enforcement notices.
- Buncefield Oil Depot explosions and fire of December 2005: Investigations by the Joint Competent Authorities (Health and Safety Executive and Environmental Agency): Defending employees of TOTAL (UK)
- Wembley Stadium: Defending Multiplex Construction (UK) Ltd
- Handling various claims for breaches of contract and negligence (professional and general). Client have included English, Welsh and Scottish Railways Limited; Reuters and Orange PCS Limited.
- Advising a multinational pacemaker on the product liability and safety under European and UK law.
Advice on law and procedures applicable to the transfer of personal data and confidential information from a Branch to the Bank for the purpose of an investigation and, further, on the transfer of any information received by the Bank from the Branch to UK/US Authorities and to consultant and representatives of the Bank and UK/UK Authorities.
- Insolvency proceedings: Advising First Great Western on managing the effect of a winding-up petition and subsequent administration of Scanmoor Ltd
- Winding-Up: Advice Macmillan, a leading British Publishing Company on tis winding up operations following its six-year ban from taking up any contracts financed by the World Bank. The move came after Macmillan admitted making “bribery payments” to secure a deal to print textbooks
Renewable energy and Agriculture
- Advice relating to the various schemes administered by the Environment team at OFGEM (including the Renewables Obligation, the Scottish Renewables Obligation and the Northern Ireland Renewables Obligation, the Climate Change Levy and Non-Fossil Fuel Levy).
- Providing legal advice in relation to the sustainability, particularly environmental duties of the Authority.
- Advising team undertaking fundamental review of policy behind the Renewables Obligation legislation including drafting of new statutory instrument.