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Michael Whitehouse

Partner
Michael Whitehouse

I get involved in cutting-edge projects in infrastructure, project finance, corporate mergers and public private partnership (PPP) deals both at home and internationally, that either haven't been done before at all or are new to the client or the country they are in.

Tel: +44 (0)121 214 1040
Email: michael_whitehouse@wragge.com

Services: Projects, Outsourcing
Business sectors: Aerospace and Defence

Best brains in ...

Privatisation and concessions, project agreements and strategic commercial agreements, particularly in infrastructure, defence and rail transactions of all kinds.

Highlight of your career so far?

Being asked to lead the legal team to advise the Ministry of Defence (MoD) on its groundbreaking £3.9 billion alliance with the UK shipbuilding industry to design and build two new huge aircraft carriers in the UK. We were asked to provide the MoD with a step change in industry contracting, incentivising best for project performance and negotiating a transaction the like of which has never been seen before. We applied contractual principles in an innovative way and were awarded "stand-out" status in the 2009 Financial Times Innovative Lawyer awards for our work.

Most challenging job you've ever done?

Over 30 years there have been many highlights I'm pleased to say, but one recent challenging and rewarding one involved being the lead international lawyer as part of the International Finance Corporation's core team, advising the Government of Kenya on a 25-year project financed concession of its entire railway system jointly with Uganda's railways. We worked with the International Finance Corporation to develop the concession design, completed it internationally, changed the law to accommodate it and successfully achieved financial close as Kenya's first concession. We liaised very closely with the Steering Committee of the two governments to advise, brief, explain and negotiate so as to really make a difference to key infrastructure in East Africa which was very rewarding and challenging. We always provided a solution to every problem, despite plenty of obstacles to overcome. Working on the deal for over four years required excellent communication, team work and benefit of the doubt. The transaction teams came from Kenya, Uganda, South Africa, England and the US. Everyone went the extra mile because it was a job which needed to be done.

What about outside the UK?

I advised Railway Systems of Zambia in documenting its deal to rehabilitate, operate and maintain Zambia Railways. We had to rewrite the concession agreement to comply with the law and the bid criteria yet make it bankable. We also had to enable the client to make a commercial return. During the agreements, the copper mining concessionaire handed back the keys. As the mines provided the bulk of the traffic for the railway, this tightened the knot on efforts to make it all work. But with the same very focused negotiation and innovative drafting we arrived at a deal which satisfied the Government of Zambia, the concessionaire, the shareholders and the bank. The work was intensive and fast moving, requiring drafting and re-drafting at high speed, together with critical negotiation tactics round the clock for many months. The railway has been running profitably ever since.

Best example of a creative legal solution?

Cummins Engine Company came to me to ask for my advice on the contractual arrangements for the design, build and whole-life overhaul and maintenance of the engines and power packs for the Virgin Voyager diesel tilting train. The contractual risk balance was all wrong and there were no provisions dealing with the overhaul and maintenance regime. So, using my knowledge of railways and commercial contract law, I worked with the senior Cummins management team to design, draft and negotiate to fill the gap.

When have you ever given a client a real competitive edge?

Strabag of Vienna intended to bid for a design, build, finance and operate "DBFO" project for the reconstruction of the Nairobi Ring Road. Despite believing they had a good engineering solution, they were concerned about the bid terms and unsure how this concession process would work in Kenya. With our German colleague, Henrich Heggemann of Graf von Westphalen, I flew to Vienna to describe how the process for the railways concession had worked, highlighted the risks in the bid documents and map out a route ahead. The Strabag team then assembled their bid and submitted it. They are now the preferred bidder for the project. First hurdle overcome. Now to negotiate the transaction. Second time round the block in Kenya.

What new challenges have you faced?

I was recently appointed to head up the firm's international strategy development. This is a really exciting opportunity to make a difference to our service to clients worldwide. In the first 100 days I reviewed where we are, consulted clients on what works for them and we are now working on some exciting developments. The first being opening our new office in Paris which enables us to offer a full European solution particularly to US clients, when combined with our offerings from UK, Brussels and Munich. Paris will also connect with our work in the Gulf and Africa. I am also taking a close look at our office in Guangzhou and potential Indian opportunities. The role also enables me to see clients' international service requirements better and also to get to know some really great lawyers in many countries to expand our single advisory team.

What's your single greatest contribution to Wragge & Co's corporate responsibility?

I've been Chairman of The Trustees of Birmingham Railway Museum Charitable Trust for very many years. We have taught many young people new engineering skills in restoring old steam engines to full working order so they are capable of running tourist trains at speed all over the national network. The Prince of Wales came to thank us for retraining over 800 people and successfully returning them to work in local industry. A very satisfying contribution and the trains are great!

What's been written or said about you that you're most proud of?

'Project manager with a good strategic view' (Chambers UK)

Alerts

09.02.10

Wragge & Co secures place on MoD's major projects legal panel

Wragge & Co LLP has been re-appointed to the Ministry of Defence (MoD) major projects legal panel. Under a four-year term, the firm will advise on major public private partnership (PPP) and private finance initiative (PFI) projects.

01.10.09

ORR consults on proposal to introduce freight customer access contracts

The Office of Rail Regulation (ORR) has published a consultation paper setting out its proposal to introduce a model freight customer access contract.

 

Press releases

20.04.11

Wragge & Co advises on landmark €20 billion defence contract

Wragge & Co has advised on the A400M defence procurement in Europe. Working with OCCAR, the firm advised on the re-negotiation of a ground-breaking €20 billion contract for the development and supply of up to 170 A400M military transport aircraft from Airbus Military S.L.

01.06.10

Wragge & Co advises Eurotunnel on strategic rail freight acquisition

Wragge & Co's Corporate group has advised Europorte SAS, the rail freight subsidiary of cross-Channel operator Eurotunnel Groupe, on the acquisition of rail freight operator GBRf from FirstGroup plc for an undisclosed sum. The deal is the firm's first corporate instruction from Eurotunnel.

29.04.09

Wragge & Co advises on government maritime procurement contract

Wragge & Co LLP Projects team has advised the Department for Environment, Food and Rural Affairs and new client the Centre for Environment, Fisheries and Aquaculture Science on the procurement of a contract with P&O Maritime Services (UK) Limited.

17.10.08

Wragge & Co in FT top ten for innovation

Wragge & Co LLP has been named one of Europe's most innovative law firms in the Financial Times' survey of innovation in the legal profession. The firm was ranked in seventh place in the FT Law 50.

03.07.08

Wragge & Co closes landmark £3 billion aircraft carrier contracts

Wragge & Co LLP has advised the Ministry of Defence on a ground-breaking contract worth around £3 billion.

17.12.07

Wragge & Co advises on £1.2 billion marine services project

Wragge & Co LLP has advised the Ministry of Defence on a complex £1.2 billion PFI deal.

 

Published articles

There are currently no published articles for Michael Whitehouse.

 

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