Commercial Law

Brachers is proud to advise a Kent-based civil engineering company, supporting them on their road to success. Over the last few years, we have provided a range of legal services to the business, including support with employment matters, corporate structuring and governance, and commercial contracts. Recently, we supported the firm on high-value property acquisitions and lease agreements which will enable the business to continue to grow and flourish.

A senior member of the company commented: “Brachers consistently carries out a marvellous job and I am always pleased with the outcome and the time taken to achieve the result. They are a great bunch and a pleasure to work with. They are always there, proactive, resourceful and happy to connect us to other teams within the firm who can support our business goals and ambitions. For me, a key part of Brachers’ value is that they are also happy to connect me to advice from other experts when I need it, for example, legal counsel in other jurisdictions, or specialists in a niche area. I know I can call Brachers first, and they will make sure I get the right advice from their extensive professional network.”

Brachers’ longstanding client, Enovert Management Limited, a leading provider of waste management services, recently required significant secured financing package from a major lender to fund a key acquisition.  We were engaged to help negotiated the finance and security documents, aimed specifically at applying our knowledge of their business to tailor the covenants and representations to be compatible with the specifics of their complex business activities.

Since execution we have been closely involved with contract implementation, including the preparation of a detailed compliance manual, aimed at facilitating on-going covenant compliance and streamlining decision making within the restrictions imposed by the finance documents.

Advising a long-standing client on aspects of its infrastructure and civil engineering business, including supporting its bids for various large contracts for surfacing and re-surfacing works at Heathrow airport, ranging from Professional Service Contracts to full-scale construction works, each on NEC4 terms.  Our support included risk-reviews, negotiation support and drafting of proposed and agreed revisions.

Advising a large multinational engineering and construction group on its multimillion pound contracts for the manufacture, supply, installation and commissioning of lifting equipment to provide general lifting capacity for operations and maintenance.  Our most recent experience has been in the nuclear space, including as a subcontractor to the Hinkley C nuclear power project in the UK.

Our advice on this matter involved drafting and negotiating both contracts with the employer and their advisory team and we continue to be heavily involved in advice concerning the implementation of both contracts on this complex and large value transaction.

We are longstanding advisors to a large, multinational waste business (including as a significant supplier into the waste-to-energy sector) and as a waste-to-fuel producer using its own proprietary technology.

We regularly draft, and support negotiation of, large (multimillion pound) contracts in connection with their business.  These include significant contracts for the supply of waste and recyclate recovery services to local councils which are procured by way of a structured public procurement process.  We advise them on all aspects of that process from clarifications and bid submission, through to contract negotiation and execution.

Once secured, we are heavily involved in the client’s ongoing contract management, advising on interpretation and risk mitigation, all aimed at providing practical, commercial advice tailored to the needs of the business.

Furthermore, many of their larger supply contracts require significant subcontracting which we are heavily involved in, preparing the draft subcontracts, and supporting negotiation to manage the commercial and legal risks associated with passing-down the head contract obligations to third parties, while supporting the overall business drivers for the transaction.

We were also closely involved in advising the business on the upgrade of its production facilities for its proprietary fuel from waste product in the UK.  A number of the construction packages awarded as part of that process were documented on NEC form contracts.

We advised our long-standing client, N+P Group B.V. and its founders the Jennissen family, on their partnership with Mercuria Energy Trading, one of the largest independent energy and commodity groups in the world.

The deal is aligned with N+P and Mercuria’s larger corporate strategy of focusing on the global energy transition, which includes investing in high quality alternative fuels produced from non-recyclable waste streams.

The deal consists of Mercuria acquiring a significant equity stake in N+P and the injection of significant additional growth capital into the company, to allow for the development of a number of new Subcoal production facilities. The Jennissen Family will continue to hold the majority of the shares in N+P, while allowing for Mercuria’s stake to be increased in the near-term. As part of the deal, Brachers also advised on the exit of former equity investors in the group.

We have advised on all legal aspects of the development and construction of a new Teeside plant from its inception, and continue to advise on the procurement of its waste supply and sales arrangements.

Over the next five years, N+P intends to significantly increase the number of production plants, including global expansion catalysed via synergies with Mercuria’s global trading platform. N+P expects to announce the development of the first new plants in the coming months. In parallel to a rapid expansion of alternative fuel production facilities, N+P is also aiming to grow the legacy business of bridging waste to value: waste to energy feedstock trading, and development and supply of alternative raw materials, in which the Jennissen family has almost 30 years of experience.

Read the full case study

We advised Kent-based Magnetic Shields Limited (MSL) on all aspects of its joint venture partnership with the University of Nottingham.

The joint venture is bringing a ground-breaking wearable brain scanner to market through a new spin-out company, Cerca Magnetics Limited. The scanner provides an unprecedented window on brain function and gives new hope to people suffering with severe neurological illnesses like epilepsy, autism and Parkinson’s.

Our role included drafting and supporting negotiation of the joint venture agreement, the licence agreements and the equipment supply contract.

Find out more about the Magnetic Shields joint venture deal.

Evolution Power is a new entrant into the UK renewables market but led by Giles Frampton and Conor McNally, who both have previous extensive experience of developing and financing major UK renewable projects at British Solar Renewables and Macquarie Bank respectively. Korkia is an experienced solar energy investor, active in the Nordics, UK, Chile and Spain, developing and managing assets of more than EUR 700 million.

The partnership is a significant transaction in the renewable energy sector. It forms part of Evolution Power’s development programme of solar and other renewable opportunities, with target volumes of 2-3 GW in total in the UK. The company aims to contribute to the transition to net-zero by delivering innovative and sustainable projects.

Read the full case study.

We have advised Favat and Comete (two of the Fayat Group’s companies) on the implementation of its contracts for the manufacture, supply, installation and commissioning of a significant amount of lifting equipment to provide general lifting capacity for operations and maintenance of the Hinkley C nuclear power project in the UK.

We advised on a £15 million investment in anti-plastic pollution disruptor Polymateria Limited by European purpose-driven investment platform Planet First Partners.

Polymateria’s innovative new technology triggers the process of Biotransformation, which breaks down the most littered forms of plastic such as polyethylene and polypropylene in real-world conditions to return to nature, leaving behind zero microplastics with no environmental harm in the process.

Read more about the investment.