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Project finance

"Frankly, the last 12 months here it's been grim," says one project finance lawyer. According to infrastructure journal nine project finance deals closed in Ireland in 2010: "It's a very low figure for an island of this size and it's a very, very tough market at the moment," explains the lawyer. Divided in to two broad categories, infrastructure and energy; both have been besieged by challenges thrown up by the crisis, albeit distinct ones.

There is a significant pipeline of substantial PPP projects but the challenge has been securing private sector debt for these plans, which are underwritten by a sovereign guarantee. "There's just a concern about the worthiness of the Irish state at the moment. PPP projects have been suffering because to the extent they are backed by the state the sovereign risk element has meant that non-Irish banks are reluctant to take Irish risk," says one lawyer.

The long awaited rail projects have also fallen foul of banks reluctance to become entangled in the country's problems. One of the most prominent deals to suffer is the Metro project in Dublin. "On the big rail projects they all look to be dead at the moment. A €3 billion Metro project in Ireland is unfortunately desperately needed infrastructure but it's just a level of debt Ireland can't handle right now," says one lawyer.

Smaller PPP projects, deemed essential, in the education and healthcare sector have had more luck, with one lawyer speculating that the government may have, "Asked them to pull on the national jersey." In this vein, The new cystic fibrosis unit at St Vincents Hospital and the second schools project, comprising of five new buildings on four sites, achieved financial close in June and November 2010, respectively.

Activity on the energy side has been driven by the push towards renewables and the picture is a little more positive. "I suppose the wind deals in particular, there is a greater appetite for them than the pure PPP deals. People are seeing the support mechanisms for wind and utility revenue pool that sits behind that are somewhat removed from the sovereign so people are more comfortable."

A further impediment for project finance lawyers concerns REFIT 2. The state Renewable Energy Feed-in-Tariff is being amended and state approval is pending. There is anxiousness surrounding it amid speculation it is to be cut. "From an Irish specific perspective there's some regulatory uncertainty in relation to renewable support schemes beyond 2025, which given that you need those to fund projects over at least 15 years, is causing a little uncertainty at the moment," says one lawyer.

Clients are all too aware of the shortage of mandates available for law firms and with practises vying for client's business, another thing that is depreciating is fees. As the head of one project finance practice observes: "The market is very price competitive at the moment. In a very crude way, the amount we're making for transactions wasn't what it was a few years ago. When you've got the same number of firms bidding for half the number of deals, you're never going to get as much as you used to."

A&L Goodbody

A&L Goodbody has one of the most respected project finance practices in Ireland, which has made a name for itself in PPP (public-private partnership) and energy projects. The firm's leading figures, practice head Kevin Feeney and partner Ross Moore, are seen to have played no small part in this and garner high acclaim from their peers: "Kevin and Ross are both very good, they are both active and continue to close deals and are both deserving of a mention," says one lawyer.... [more]

Leading lawyers
Kevin Feeney
Ross Moore

Arthur Cox

Widely recognised as the most active firm on the market, Arthur Cox is recognised for its excellent relationships in both the public and private sector and has completed a strong portfolio of PPP (public-private partnership) and renewable energy projects in a challenging 12 months for the country's project finance lawyers. The practice is led by Alex McLean, an energy specialist, who is regarded as an expert in his field: "He does energy and energy regulatory work and he does it very well," says one peer.... [more]

Leading lawyers
Alex McLean
Garrett Monaghan

McCann FitzGerald

McCann FitzGerald is renowned for its exceptional PPP (public-private partnership) team, which leverages off its leading banking practice and is regarded as one of the leaders in this field. "McCann FitzGerald in my view would have set the bench mark on PPP in Ireland.... [more]

Leading lawyers
Colm Fanning
Claire Lenny
Eamon O'Hanrahan

Matheson Ormsby Prentice

Key partner David Quinlon's departure from Matheson Ormsby Prentice in December 2010 is seen as a loss by commentators who regarded him as the firm's most visible lawyer in this area. Several expect the practice head Michael O'Connor to take the reins on deals and consider him a worthy replacement, although some questioned how active he has been recently.... [more]

Leading lawyers
Michael O'Connor

Mason Hayes & Curran

Belying its comparatively small size, Mason Hayes & Curran holds a good share of the energy market in Ireland.The firm's prominence in this sphere has not gone unnoticed: "Second to us on the energy side is Mason Hayes & Curran.... [more]

Eversheds

Eversheds has secured a good proportion of the renewable energy mandates in Ireland last 12 months. Competitors regard the firm as reliable with "decent lawyers".... [more]

William Fry

Unlike its competitors, William Fry's recent activity has predominantly involved commercial and real estate ventures.The most substantial deal the firm was handling was the Dublin Central Development, which will incorporate the flagship department store John Lewis, new public squares, streets, 100 retail units, and a new visitor attraction.... [more]

See also

Ireland
Western Europe

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