Acuity’s ethos is to provide our clients with a proactive and commercial service and always to provide solutions to problems. The energy sector is a key part of our business and we have a level of expertise and track record that sets us apart from our competitors.
The energy sector is constantly evolving through new regulations, tax breaks and financial incentives. It is essential that clients receive advice from professionals who are in tune with current rules and practice and know the market and where it is heading. At Acuity Energy we tick all of these boxes and we are more than just execution only lawyers: we understand the sector and its commercial drivers and risks so work to add value through putting in place commercially aware and innovative legal structures.
The principal reason to instruct the Acuity Energy team is quality of service. We are committed to providing a premium service to our clients. This is reflected in the way that we work and the long-term relationships that we have established with our energy sector clients.
On a typical energy project, whether it is working to develop a new biomass power station, to build a wind farm, or to work up a solar project, there is a need for a blend of specialist legal skills.
Headed by Corporate Partner Christian Farrow, the Acuity Energy team boasts a multitude of talents and we provide our clients with a fully resourced and experienced multi-disciplinary team. This will typically include advice on: land acquisition; negotiation of easements and licenses; planning support; regulatory compliance; commercial contracts; construction contracts and funding structures.
Notable work recently undertaken:
- Acted in connection with the development and sale of a 15 turbine, 34.5 megawatts wind farm project in Carmarthenshire to Irish state-owned utility group ESB. We provided support throughout the development phase of the project and assisted in securing all necessary easements, consents and rights for the project prior to disposal.
- Advised long-standing client Eco2 and its JV partner Temporis Capital, on the sale of the Port Clarence Energy project to Glennmont Partners. We provided support throughout the development phase of the project and assisted in securing all necessary easements, consents, rights and contracts for the project prior to its disposal, such contracts included, the grid connection, power purchase agreement, EPC and O&M, fuel contracts, ash offtake agreement and the management services agreement for the project.
- Advised on the sale of a straw-powered biomass plant in Sleaford, Lincolnshire to specialist investment fund BNP Paribas Clean Energy Fund in a landmark £170m deal. We advised on the development of the project and the financing of the project through a combination of equity and debt from a consortium of lenders led by the Royal Bank of Scotland.
- Advised Sussex County Council on a range of renewables projects including the development of a solar farm project by Carillion at Tangmere airfield.
- Provide a full legal service to Dulas, and advise on all aspects of its commercial operations including matters which range from advising on the terms relating to the sale of solar fridges to the developing world to advising on the supply and construction of large scale wind, solar, hydro and biomass schemes.
- Acted for Sesti Energy who are developing a behind-the-meter hybrid project for solar coupled with battery storage helping them negotiate their option agreements, land leases and power purchase arrangements.
- We advised Kinetica Energy Limited on the development of its portfolio of wind projects. As part of this, we advised on all matters relating to the development of the projects, including negotiating and agreeing the terms of their land leases, grid connections turbine supply agreements, operational and maintenance agreements and power purchase agreements.
- Advised Hartham Park Community Energy in relation to the installation of a PV energy array on its estate. We provided comprehensive advice on the corporate, property and project documents in connection to this innovative project (including advising on and agreeing the terms of the power purchase agreement relating to the energy generated at the site).
- Advised Tidal Energy on procurement and state aid issues concerning their innovative pilot tidal energy project in Pembrokeshire.
- Advised long-standing clients, Coastal Oil & Gas Limited and UK Methan Limited in connection with the purchase of Gas Exploration Finance Limited. The deal saw Gas Exploration Limited purchased from its existing owners in consideration for the issues of shares in AIM-listed Global Brands and various funding and commercial arrangements put in place.
- Advised West Sussex County Council on its procurement and award of a contract for the treatment of waste arising in the County. We continue to provide ongoing support concerning the contract following award.
- Acted for Danish investment vehicles in the acquisition of 5 solar sites in the UK, ultimately pursuing claims against the EPC and Offshore parent company Guarantor for delays and failures in completion of construction. With our partner-led disputes team, we worked with our clients to secure a substantial award in excess of £2 million arising out of fundamental issues affecting all operators and Contractors such as delay damages, missed commercial operation dates and tariffs.
- Acted for Spanish and Danish solar developers on their acquisition and development of circa 250MW of solar in the UK, for Float Capital Limited on its funding of Elgin Energy on various solar PV sites in Scotland, Ireland and the UK; on EPC providers on their contractual relationship with developers and for ICP providers on their contractual needs.
- We are the retained legal advisor for Eco2 Management Services, Eco2 Management Services provide management services to renewable energy facilities throughout the UK and Ireland. Acuity regularly advise on matters relating to the management services agreements entered into by Eco2 and assist Eco2 with ad hoc queries and arrangements relating to the management of the facilities.
- Working in conjunction with local lawyers we acted for a group of solar developers in connection with the financing and development of two 12 megawatt solar farm projects in Ukraine, each qualifying for Ukraine’s Green Tariff (FIT) program. We advised on the development of the projects and the non-recourse debt facilities put in place to fund the development of the projects. The projects are the first to be developed from our client’s pipeline of 100MWp solar projects in Ukraine.
- Advising developers in the disposal of a 50 MW waste-to-energy project in the North East of England which utilises, in part, non-hazardous clinical waste as fuel.
- Acted for Dulas Limited in its acquisition of 100% of Polestar Cooling, a specialist in manufacturing solar laboratorial and medial fridges. In 2016, Dulas bought a 50% stake in Polestar to strengthen the relationship between the two companies and improve their portfolio of products. We supported Dulas in its initial investment in Polestar in 2016 and its subsequent acquisition of the remaining 50% of the share capital of Polestar.