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Water

The UK water sector is heavily regulated and is facing significant change. We have extensive experience of advising water utilities and regulators.

We work with our clients to identify the best and most appropriate procurement strategy and contractual mechanism to ensure projects are delivered economically and efficiently. We provide practical and commercial legal advice and guide multi-disciplinary teams through complex procurement, negotiation and due diligence processes.

We have advised on:

  • Direct procurement for customers
  • Procurement under the Utilities Contracts Regulations 2016
  • Construction matters for major water infrastructure
  • Service agreements to support water
  • Submissions to regulators as part of regular price control processes
  • Application of competition law
  • Economic regulatory issues
  • Bulk supplies
  • Bespoke major schemes, including Thames Tideway Tunnel

Our team has advised on some of the most significant and complex infrastructure deals to close in the last decade including on Thames Tideway Tunnel. The team has an enviable reputation nationally.

We advise on all the core areas relevant to water projects, including procurementreal estateplanningconstruction contracts, structuring and funding of projects.

We can also support you on related aspects, including environmental regulation and dispute resolution.

Work highlights

  • We acted for Thames Water supporting and developing the £4.2 billion Thames Tideway Tunnel project.
  • We advised Bazalgette Tunnel Limited (Tideway) on their construction arrangements and post licence award procurement and commercial issues.
  • We represent a regulatory body developing a new form of private financing solution in the water sector for major infrastructure.
  • We are advising a water utility company developing a c.£100m new reservoir – including developing construction and procurement documents.
  • We are advising a water utility company putting in place an innovative form of bulk supply agreement – including regulatory and commercial agreements.
  • We have assisted a number of water companies in providing submissions to Ofwat at multiple Price Reviews.

The Competition Appeal Tribunal (“CAT”) is this week considering a landmark class action brought against six of England’s largest water companies. The case will have implications for Ofwat, water companies and customers alike. Our regulatory and competition experts consider what we know so far and what lies ahead for the parties and billpayers. Case Overview…

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Overview The Water (Special Measures) Bill (Bill) introduces significant and wide-ranging changes to the regulatory framework governing water companies in the UK. The Bill aims to enhance the governance, accountability, and regulatory compliance of water companies in the UK. By introducing stricter penalties and enhancing consumer involvement, the Bill seeks to achieve Labour manifesto commitments…

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The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) No 2 – Marcic reimagined – The scope for nuisance claims being brought against water companies has just been expanded and not necessarily clarified. Earlier this month, the Supreme Court issued a judgment which has the potential to be a watershed moment…

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To find out how we can help you, please contact us today