Regulation underpins business and government. Identifying opportunities, evaluating risk, and dealing effectively with regulators are key to navigating that landscape. My practice involves assisting regulated entities, regulators or other stakeholders, whether on transactional, advisory, or contentious matters

Martin is a regulatory expert, with a particular interest in the utilities sectors (water, electricity, gas) and competition law. He has experience on both sides of the regulatory table, having previously spent time at the European Commission and Ofgem.

Regulation

At Ofgem, Martin handled high-profile and complex regulatory and enforcement matters. This included matters relating to electricity and gas network regulation (including NESO), wholesale markets and retail markets (including financial resilience and controls), as well as heat networks and the roll out of hydrogen.

Martin led on policy decisions and consultation processes, licence condition development, industry code modifications (e.g., CUSC), conducting investigations, assessing threats of legal challenges, defending decisions, and settlement agreements (including alternative action).

He was the lead solicitor on multiple trading matters and investigations under the Transmission Constraint Licence Condition (TCLC) and was also involved in advising on the Regulation on Wholesale Energy Market Integrity and Transparency (REMIT) as well.

Martin also advised on the drafting, consultation processes and requirements for interconnector access rules and methodologies, including engagement with the relevant foreign authorities.

Subsidy support

Martin has expertise in how energy projects are supported, with experience advising (both in house at Ofgem and in private practice) on the development, implementation and enforcement (including compliance matters) of subsidy support schemes. His experience includes advising on the Renewables Obligation (RO) scheme, Feed-in Tariff (FiT) scheme, Green Gas Support Scheme (GGSS), Long Duration Electricity Storage (LDES) regime, and the Low Carbon Contracts Company’s (LCCC) Contracts for Difference (CfD) regime.

Energy Projects

Martin also performs due diligence for developers, funders and other stakeholders on project development, acquisitions, disposals and project financings, including reviewing connection offers, connection agreements, Gate 2 processes, documentation and challenge processes (CMP435 and CMP434); Ofgem subsidy accreditations (including advising on compliance issues), and CfD arrangements. Martin is able to lean on his experience as a regulator and of engaging with the LCCC and NESO when advising on such matters.

Competition law

Martin has experience in advising on competition law in the UK and Brussels. He has advised on both transactional and investigatory matters and has interned with the European Commission’s competition directorate (DG Comp). In Brussels, while working for an international law firm with a Band 1 competition practice, Martin was part of teams advising on landmark merger proceedings and cartel investigations. At Ofgem, he was involved in the review of competition complaints and matters, as well as being the lead working level lawyer assisting the CMA with various merger reviews. Martin was the Chair of Ofgem’s Competition Working Group and its working level lead with the CMA from 2022 to 2024.

Areas of practice include:

Sector experience includes:

Admitted

2016: Scotland

Relevant experience

Regulation and enforcement

Led Ofgem’s legal team providing legal analysis on the Review of Electricity Market Arrangements (REMA), which has since led to the Reformed National Pricing (RNP) Programme.
Lead lawyer for Ofgem’s Financial Resilience and Control (FRC) legal team, including advising on implementation, compliance and enforcement of the FRC framework.
Advised on cyber security and its implementation, including the Network and Information Systems Regulations 2018 (NIS Regulations), and led support for Ofgem’s cyber enforcement team.
Lead lawyer in respect of Transmission Constraint Licence Condition (TCLC) investigations that resulted in payments into Ofgem’s Energy Redress Fund of (i) £23.63 million in respect of EP’s South Humber Bank gas-fired power station; and (ii) £33.14 million in respect of Beatrice Offshore Windfarm Limited (BOWL).
Supporting the implementation of Ofgem’s Inflexible Offers Licence Condition (IOLC) from policy inception, through consultation to implementation.
Lead lawyer on interconnector rules, including advising on licence conditions, access rules, charging methodologies and governance processes (e.g. consultations).
Advising on compliance with water and sewerage licences in Scotland.

Subsidy schemes and Contracts for Difference (CfD)

Advising potential investors and a key developer on Ofgem’s Long Duration Electricity Storage (LDES) scheme, including leading due diligence and advising on LDES scheme architecture and legal challenge risks.
Advising leading developers on CfD extension mechanics, including grid delay and change in law provisions and LCCC interactions.
Advising Ofgem on a judicial review process under the Renewables Obligation (RO) scheme.
Drafting of the Green Gas Support Scheme Regulations 2023, including associated guidance.
Advising multiple parties on the appeal proceedings (non-qualification reviews) in relation to the CfD regime (Tier 1 Appeals (non-qualification reviews) and Tier 2 Appeals).
Advising buy-side clients on Ofgem compliance issues concerning target entities with compliance issues under the Renewables Obligation and Green Gas Support Schemes.

Energy projects

Extensive experience of the Gate 2 To Whole Queue (G2TWQ) process (CMP435 and CMP434), including consultation and challenge processes, and Gate 2 grid notifications and variations.
Due diligence on large, medium and small-scale energy transactions, including solar, wind and biogas facilities. This includes reviews of connection offers, connection agreements, Gate 2 processes and documentation, Ofgem subsidy accreditations (including advising on compliance issues), CfD arrangements, and associated documents.

Competition law

Chair of Ofgem’s Competition Working Group; and working level lead with CMA (2022 to 2024).
Lead working level lawyer assisting the CMA with merger reviews in respect of National Grid’s acquisition of WPD and the Macquarie and BCI/National Grid gas transmission and metering transaction.
Advising on the competition law aspects of the Heat Networks Regulations.
Member of team at a leading (band 1) competition law firm in Brussels advising the New York Stock Exchange (NYSE) on its proposed acquisition of Deutsche Börse; and Sony ATV’s acquisition of EMI Music Publishing, as well as Sony Optiarc’s Optical Disk Drive cartel investigation.
Internship with European Commission’s Directorate General for Competition (DG Comp), assisting in mergers involving Seagate/Samsung, Western Digital/Hitachi, and Google.