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Emma Whitfield

Senior Associate
About

Emma has a broad range of experience advising both public and private sector clients in relation to energy projects, transport projects and procurement law.

Emma particularly focuses on procurement law and advises contracting authorities (both in the UK and Europe) throughout all stages of public procurement, including strategy and planning of procurements, the development of the procurement process and procurement documentation for a project, and in relation to clarifications and potential procurement challenges. Emma also advises private sector clients in relation to compliance with procurement rules and bidding strategy.

In the energy sector, Emma advises clients in the context of mergers and acquisitions, development and construction, and the financing of renewable energy projects. Emma has experience advising in respect of key project documentation on wind and solar projects, and regularly leads on the drafting and negotiation of power purchase agreements (PPAs).

Emma advises offtakers (both corporates and public authorities) and generators in relation to private wire, physical and virtual PPAs. Emma has also advised on more complex structures such as the procurement of a portfolio of PPAs, and also advising generators into entering into portfolio agreements to sell power from a number of different sites.

Emma works internationally on energy projects to draft, review and negotiate construction documentation including TSAs, EPCs and BoP contracts, as well as on operation and maintenance contracts including O&M contracts, AMAs and MSAs. Emma regularly works with FIDIC Yellow Book (1999).

In the transport sector, Emma works closely with passenger transport executives, government-owned companies and other contracting authorities. Emma is experienced within light-rail, having advised on business cases and the suite of procurement documentation for light-rail projects across the UK.

Bar admissions / Professional QualificationsSolicitor of the Senior Courts of England and Wales

EXPERIENCE

  • Advising H&M Group, where Emma led on the negotiation of multiple PPAs including:
    o in relation to the entry into three solar PPAs in Sweden for three solar sites with a combined capacity of 27MWp, which will help H&M in reducing its carbon footprint and add new green power capacity to the Swedish grid (2023);
    o the largest solar PPA to date in Sweden with Neoen and Alight which will provide at least 90 MWp of renewable energy (December 2022);
    o on a PPA for three solar sites with Matrix Renewables in Spain. (2021);
    o on a UK PPA for the Streetfields and Northfield House solar projects with global energy company Lightsource bp to provide a power output of 50 MWp (2021).
  • Advising as part of the team acting for Nord/LB, LBBW and Rabobank (as Lenders) on financing arrangements relating to two-long term corporate PPAs entered into between Irish renewables developer Highfield Solar and Meta, in respect of two newly operational solar farms in Ireland (2023).
  • Advising Voltalia on its power purchase agreement (PPA) with Co-op to supply it with the entire output from a 34MW solar farm in North Yorkshire, the UK (2023).
  • Advising Statkraft Ireland on one of the biggest corporate offtake investments in Ireland to date to provide 366 MW of clean energy to Microsoft (2022). Emma advised on the negotiation of the PPA.
  • Advising National Highways on the £6 billion+ package of procurements for a tunnel and two new roads for the Lower Thames river crossing project.
  • Advising Power Capital Renewable Energy on a PPA with Microsoft in Ireland that will deliver up to 220 MW of utility solar power. Emma advised on the negotiation of a form of PPA, and advised in relation to points to consider with EPC interface and lender comments. Emma has since advised the client on a corporate PPA with Google, providing renewable electricity for the company's operations in Ireland.
  • Advising Coöperative Rabobank U.A., Landesbank Baden-Württemberg and Norddeutsche Landesbank Girozentrale advised the lenders to Highfield Solar Limited in the financing of two separate solar energy projects In Ireland with a total capacity of 282 MWp. Emma advised on the due diligence in relation to and assisted in coordinating the due diligence process (2021).
  • Advising Prime Capital and Enlight Renewables on the acquisition and development of the 372 MW (EUR400m) Björnberget onshore wind farm in Sweden, one of the largest European onshore wind projects in Europe of 2020 which is backed by a PPA.The Björnberget wind farm is one of the largest onshore wind projects to start construction in Europe in 2020. Negotiated the asset management agreement, and assisted in negotiating a 10-12 year corporate PPA for the wind farm with a global technology company. The project won the Global Renewables Deal of the Year award from Infrastructure Investor (2020).
  • Advising Transport for Greater Manchester (ongoing) leading on the procurement and contract documentation relating to open and restricted procurement procedures under the UCRs for franchised school bus services under the Bus Service Act 2017.
  • Advising Tyne and Wear Passenger Transport Executive (Nexus) lead associate on the MetroFutures procurement of a new light rail fleet of vehicles under competitive procedure with negotiation under the UCRs. Emma advised on procurement strategy and the procurement documentation for obtaining new rolling stock for the system. The project successfully closed in February 2020 (2017-2020).
Education
  • University of Durham, Law
  • University of Law, LPC, Distinction

Additional News

  • Emma is passionate about pro bono and regularly works on immigration clinics within the firm. Emma works with Kids in Need of Defense UK (KIND) through the firm’s pro bono clinic to obtain British citizenship for children who require access to pro bono legal representation to enjoy their entitlement to citizenship. Emma also advises on family reunion applications for family members who are outside of the UK in difficult circumstances.

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