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We have recently seen a significant uptick in clients across the industry requiring disputes and advisory support in respect of PFI projects. We understand this is in large part due to a change in approach from public authorities managing PFI projects, which can in turn lead to significant stress on the private sector stakeholders.
With the expiry of legacy PFI projects on the horizon, we set out in this note a high-level guide for stakeholders to navigating through to the end of such projects. We have included an indicative structure chart and timeline for a typical project based on recent experience and potential outcomes for the project, including in particular a Court-sanctioned restructuring plan under Part 26A of the Companies Act 2006. Through a restructuring plan, a ProjectCo could with Court approval potentially impose amendments to project documents on an Authority and a write-off of liabilities owing to the Authority.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
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