UK Government...particularly in relation to tax and insurance and the accounting treatment desired....

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UK Government February 2018 Strictly private and confidential

Transcript of UK Government...particularly in relation to tax and insurance and the accounting treatment desired....

Page 1: UK Government...particularly in relation to tax and insurance and the accounting treatment desired. Credit/Bond Insurance advising the British Business Bank in relation to its ground-breaking

UK Government

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Strictly private and confidentia

February 2018

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Core strengths With over 25 years' experience of advising Central Government Departments on more than 50 major

transactions with a combined value of over £100 billion, we help our UK Government clients turn

policies and objectives into contracts, to complete high profile, complex and innovative transactions

efficiently and effectively and to deliver transformative projects.

We continuously seek out efficiencies in the delivery of legal services without compromising the

quality of our advice and ensure that our understanding of our clients and their objectives remains at

the highest level. In particular, our firm’s has a long standing focus on five key industries of relevance

to UK Government business – Financial Institutions, Asset Management & Investment Funds, Media

& Telecommunications, Life Sciences, Energy & Infrastructure. Our deep understanding of these

important industries enables us to provide genuine market insight to better help shape strategic

decisions.

The Group has around 60 lawyers (22 partners and 38 associates/consultants) experienced at all

levels of seniority in acting on UK Government matters.

Our services We undertake contentious and non-contentious work, acting for a broad range of government

agencies including ministerial and non-ministerial department UK departments, executive agencies,

and non-departmental public bodies, public corporations and their subsidiaries which are sponsored

by Central Government Department. We also act for sponsors, contractors, banks, regulators and

other stakeholders in the supply of goods and services where the public sector is involved.

“Simmons & Simmons has been superb, every inch of the way.”

Ministry of Defence

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Expertise in practice Our lawyer’s key experience included advising:

Asset Finance

MoD on the financing of the RAF’s Future

Strategic Tanker Aircraft (FSTA), one of the

most innovative and complex aircraft

financing deals put together in 2008;

Government on a series of aircraft financing

procurements within the overall framework

of the UK Military Flying Training System.

This involved the acquisition of Hawk;

Beechcraft; Grob; Embraer; and Airbus

aircraft financed through an innovative

“wrap direct agreement” mechanism

enabling flexible and incremental acquisition;

Transport for London/London Underground

Financial Services, Market and Competition Regulation

We are currently advising a number of the

world’s largest institutions on their strategic

Brexit planning across our European practice

as well as feeding into the HM Treasury

process looking at licensing issues, ongoing

cross border business, governing law and

jurisdictional issues. We are advising these

firms on which jurisdictions they may set up

new entities in, the impact on their

documentation and people and ongoing

continuity of contracts. These are projects

which are being discussed at the highest

levels within these organisations and across

“The excellent support to the Committee was hugely appreciated and they showed the greatest commitment to removing the difficulties in the way of a robust and timely conclusion.”

Hogg Tendering Advisory

Committee

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Limited on the financing of two Tamping

machines and on the financing of a rail

based system for the transportation and

installation of pre-assembled P&C modular

elements for E2 Gauge;

Corporate Finance

MoD on the sale of its trading fund, the

Defence Support Group, the main provider

of maintenance, repair and overhaul services

of Army vehicles to MoD employing

approximately 2,400 civilian staff, and a

major and complex service provision

contract;

advising BIS on the proposed £28bn merger

between BAES and EADS. The potential

combination was proposed to be

implemented through the creation of a dual

listed company structure, under which both

the UK and Dutch companies would operate

as one group by means of equalisation and

other agreements but would be separately

listed on their existing exchanges. After

discussions, BAES and EADS announced their

decision to terminate the proposal;

Department of Health on the design/delivery

of the global Dementia Discovery Fund, the

world’s first venture capital fund for

innovative pre-clinical research into curing

and treating dementia;

UK Green Investments (the first private

sector co-funded ‘green’ investments), and

the Energy Technologies Institute, a not for

profit public/private partnership to research

lower carbon energy to tackle climate

change;

their European businesses which provides us

with exposure and providing advice to the

senior stakeholders and decision makers to

provide a huge insight into the impact on

the UK market as well as on the individual

institutions

High Value or Complex Transactions and Disputes in Regulated Markets / Environments

Department for Transport on HS2, including

the negotiation of the HS2 development

agreement and on governance of HS2 Ltd;

British Business Bank in its consultancy role

for HM Treasury under The Small and

Medium Sized Business (Finance Platforms)

Regulations 2015;

MoD in relation to the Logistic Commodities

& Services Transformation (LCS(T)) project,

involving the procurement of all non-

explosive commodity items, the inventory

management and the storage and

distribution of such items together with all

other non-explosive stock across the MoD.

We advised the Nuclear Decommissioning

Authority (NDA) on its litigation strategy

after Energy Solutions’ (ES) successful High

Court procurement challenge, involving

sophisticated procurement law advice and

litigation and contractual advice, over three

related mandates by the NDA Board and

Government on the settlement of litigation

and the termination and renegotiation of

the contract for the management and

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decommissioning of 12 redundant Magnox

sites.

High Value or Complex Merger and Acquisition Activity

legal adviser to the Hogg Tendering Advisory

Committee for LIBOR alongside HM Treasury

Legal Advisers. We worked with HM Treasury

and the FCA to support the Committee.

Although there was no precedent for this

work. We provided clear, robust and

constructive advice to the Committee and

facilitated the Committee’s final

recommendations, as between the BBA and

the NYSE entity and through the

announcement of the new administrator, in

an orderly way over a very short timescale.

Insurance and Reinsurance

we acted for the British Business Bank (BBB)

and Government on the establishment of

the former. We looked at the regulated

activities that the BBB might be undertaking

and considered their implications,

particularly in relation to tax and insurance

and the accounting treatment desired.

Credit/Bond Insurance

advising the British Business Bank in relation

to its ground-breaking ENABLE guarantee

project to stimulate lending to SMEs in the

UK. We provided strategic advice, applying

our extensive experience of risk transfer

structures across a range of specialist areas

to create a guarantee which ensured an

efficient use of public money and, through

our tax advice, ensured the transaction was

not subject to £3.25M of insurance premium

tax.

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Key international contacts Key contact biographies can be viewed at simmons-simmons.com

Charles Mayo Partner Corporate T +44 20 7825 3691 E [email protected]

Piers Summerfield Partner Capital Markets T +44 20 7825 3181 E [email protected]

Helen Hancock Partner Banking T +44 20 7825 4496 E [email protected]

Jeremy Arscott Partner Banking T +44 20 7825 2085 E [email protected]

Juliet Reingold Partner Energy Natural Resources, Infrastructure Projects T +44 20 7825 3013 E [email protected]

Penny Miller Partner Financial Services T +44 20 7825 3532 E [email protected]

Richard Dyton Partner, Energy Natural Resources, Infrastructure Projects T +44 20 7825 4203 E [email protected]

Chris Horton Partner Corporate T +44 20 7825 3034 E [email protected]

Simon Moore Partner Energy Natural Resources, Infrastructure Projects T +44 20 7825 3188 E [email protected]

Ed Crosse Partner Dispute Resolution T +44 20 7825 2072 E [email protected]

David Williams Partner Financial Services T +44 20 7825 4175 E [email protected]

Mark Carroll Partner Corporate T +44 20 7825 3581 E [email protected]

David Toole Partner Capital Markets T +44 20 7825 3338 E [email protected]

Pollyanna Deane Partner Dispute Resolution T +44 20 7825 4303 E [email protected]

Matthew Pitman Partner Financial Services T +44 20 7825 4629 E [email protected]

Richard Cook Partner Banking T +44 20 7825 4482 E [email protected]

Simon Ovenden Partner Capital Markets T +44 20 7825 4663 E [email protected]

John Sayers Partner Banking T +44 20 7825 3618 E [email protected]