David Lowe
A partner in the Commercial, IT and Outsourcing team, I deal with a range of commercial contracts. Key areas are procurement, supply chain, facilities management, property management, outsourcing, logistics, manufacturing, supply of goods and services, international trade, consumer and travel law.
Tel: +44 (0)20 7664 0322
Email: david_lowe@wragge.com
Services: Commercial, Outsourcing, Projects
Business sectors: Food and Drink, Automotive, Aviation, Retail, Life Sciences, Travel
Best brains in ...
National and international supply chain and procurement is a fundamental part of all I do. My expertise in sale of goods is shown by my involvement in developing the Incoterms 2010 rules – the international freight delivery terms. I have advised on numerous logistic agreements with most of the main suppliers. And I have worked with numerous major corporates on their procurement strategies. This supply chain expertise is best illustrated by my role in the food and retail sectors.
I have a particular strength in property management, facilities management (FM), hotel management, auctions and other commercial contracts in the real estate sector. I have written several guides to best practice in property management for the RICS.
In the holiday and travel sector I learnt about the realities of the travel and holiday sector when on secondment at British Airways. I am an expert in the Package Travel and ATOL regulations.
I'm at my best when dealing with the unusual, particularly when there are no precedents. For example, the Olympics - or moving the Motor Show (UK's largest consumer show) from the NEC to ExCel.
Highlight of your career so far?
Advising the Mayor of London and the Greater London Authority in its bid on behalf of London for the 2012 Olympics. I reviewed the Host City Contract, which is the contract between London and the International Olympic Committee. It had to be reviewed as part of the final bid submission – next time I saw it, it was being held up in the air triumphantly by Sebastian Coe in Singapore. The first time I have seen one of my contracts on TV!
In a very different way working with eight other leading international supply chain experts to develop the Incoterms 2010 (which codify terms such as Ex-works, FCA, FOB and CIF) rules has been terrific – a big contribution to critical international delivery terms.
Most challenging job you've ever done?
I have supported BP on a number of large fuel supply agreements with its most substantial of customers. I recently supported on the contract to supply fuel to more then 30 Moto motorway service stations. They are always challenging - the commercials are complex, there is often a tricky regulatory issue. The size of the deals means that many corners of BP are involved with the consequential challenge of coordinating commercial input and then there is the need to educate the customer on some of the curious features of fuel delivery and pricing. The negotiations are tense, demanding and stretching but always rewarding!
However the BP deals might be matched by the London Cycle Hire Scheme – we are advising Transport for London on the Cycle Hire Scheme. It is a novel project, with huge scale and ambition, and important to London.
What about outside the UK?
International work is important to me. I am one of the eight experts who have just completed the ten-year review of the Incoterms rules – the international delivery terms (e.g. Ex-Works, FCA, FOB etc.).
International work is a routine part of advising on commercial contracts. Sometimes it's because English law is convenient - we recently advised on the sale of bulk cement from a Russian party to a US customer via a Spanish agent.
Sometimes it's in the context of helping businesses exploit international opportunities - for example we helped Birds Eye structure its presence in Turkey and identify the optimum supply chain structure.
Sometimes it's related to the export or import of goods. We advised on a $30 million export of an automotive plant to China on a turn-key basis, with in excess of 300 containers, multi-modal transport arrangements, export licence clearance on a fast track basis and four difficult letters of credit. It brought together all the challenges of exporting.
And cross border outsourcing is of ever increasing important – I am advising an international bank on an EMEA wide FM outsourcing.
What's your definition of going the extra mile?
Great client service is not one great moment, it's a constant and consistent effort. It is not an add-on but a fundamental part of the service we provide. I am especially proud of the work I have done over several years with CB Richard Ellis advising it on many of its property management contracts. These range from large city properties such as Spitalfields to portfolios such as the outsourcing by HSBC of the property management of its UK branches and other properties. CBRE needs to demonstrate to its clients excellent, commercial and responsive service, and I need to consistently ensure that we contribute to that. That means dealing quickly with the unexpected, helping CBRE find solutions which support its client service but at the same time manage its risk, and looking to contribute at a commercial business level as well as dealing with the legals.
Best example of a creative legal solution?
Last year I worked with Birds Eye to establish new arrangements for a frozen food warehouse with Partner Logistics and national and international logistics outsourcing to DHL. This was of critical importance – it underpins the nation's supply of fish fingers and frozen peas! Key negotiations took place in the immediate aftermath of Lehman's collapse. We came up with an innovative structure which secured Birds Eyes' confidence in its arrangements without undermining the warehouse providers financial arrangements.
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