Below are some examples of the type of work that Blake
Lapthorn's Rail group has undertaken in the rail sector:
advising South West Trains Limited (SWT), the largest passenger
rail franchise in Britain, part of Stagecoach group
We have been commercial lawyers for SWT since 2000. We have
dealt with a broad range of rail regulatory, competition, corporate
and commercial contract matters for them, as well as employment and
dispute resolution work. Particular matters include:
- rail franchise agreements – advising on issues
arising on interpretation and implementation of the previous and
current franchise agreements, including corporate and contractual
responsibilities generally and with DfT in connection with
refranchising, and the effect of statutory transfer schemes
- rolling stock leasing, engineering and
maintenance – advising on procurement and leasing
arrangements for various fleets of rolling stock and negotiation of
new/replacement rolling stock leases with Angel Trains, Porterbrook
Leasing and HSBC; heavy maintenance, repair and refurbishment
arrangements for various fleets of rolling stock and associated
maintenance subcontracting arrangements
- track access – advising on Railways Act S17,
S18 and S22 applications and negotiations for track access
agreements with Network Rail; track access agreement amendments and
supplemental agreements with Network Rail; related franchise
agreement adjustments with DfT; EC4T and other pricing issues with
Network Rail; implementation of ORR review of track access charging
and performance regimes
- stations and depots – advising on contracting
arrangements and related claims on various operational and
regulatory issues, including advertising concessions, cleaning,
catering, environment, noise abatement, maintenance, vegetation
clearance and related statutory requirements
- procurement and IT – advising on replacement
contracts for new generation ticket vending and ticket information
IT systems; provision of newspapers on trains; substitute bus
services; overhaul of general rail purchasing terms and conditions
for third party products and services; follow-up training for SWT
procurement personnel
- competition – advising on effects of rail
industry through ticketing arrangements; effects of OFT
investigation into distribution of free newspapers at London
stations; general competion compliance arrangements; public
procurement regulation advice on compliance with EU Utilities
Directive
- community affairs – obtaining ASBOs in
relation to the conduct of groups at stations; advising on Data
Protection Act and Freedom of Information Act as they affect train
operators
- employment – conducting employment
tribunal applications including several rail union related and
industry-sensitive matters; advising on TUPE issues; advising on
application of DDA in the rail industry; advising on use of
employment agencies to provide rail personnel
- health and safety – advising on arrangements
with staff health and safety representatives; advising on
general health and safety obligations of train operators
- branding and IPR – advising on brand
protection arrangements, IP and trade mark registration for rail
services promotions; relations with Trading Standards officers
- dispute resolution – advising on contractual,
property and personal injury claims and disputes, including in
relation to management consultancy, security transport services, IT
contracts, rail network maintenance, claims by landowners adjoining
railway property, personal injury claims on substitute bus
services
advising Porterbrook Leasing Company Limited, one of the three
UK ROSCOs, part of Abbey National plc group
We have been one of Porterbrook’s principal legal advisers since
2003. Since 2005, we have been one of the two UK firms instructed
by Porterbrook on railway-related work. This year, because of our
relationship with Porterbrook, we were added to the main Abbey
National legal panel as specialist asset finance lawyers.
Particular matters include:
- advising on lease documentation for numerous fleets of rolling
stock including First ScotRail, First Great Western, LERL, GNER,
Freightliner, Midland Mainline, Thameslink
- amendment and extension of various existing rolling stock
leases
- contracts relating to the installation of cooler units on fleet
of HST units
- supply of new intermediate turbostar vehicles
- advice in connection with various rolling stock construction
and maintenance agreements (Bombardier and Alstom)
- review of regulatory and legislative industry framework
- sale of Mark 3 Rolling Stock
- advising on lease documentation for bid to TfL on East London
Line Rolling Stock
- procurement of on-train Monitoring Equipment/GPS/Drivers
Interface Units
- fitment and trail of environmentally compliant diesels on
ScotRail DMU fleet
- central Trains Lease extensions
- sale of HST and Mark 3 rolling stock to open access operator
Grand Central
- sale and/or lease arrangments for freight locomotives to
various operators
advising Stagecoach Group plc, parent of South West Trains,
Island Line and Stagecoach South West Limited
In December 2006, we were reappointed to Stagecoach’s panel to
undertake general work for Stagecoach South Western Limited, the
successor franchisee to South West Trains Limited as from 4
February 2007.
Advising on various matters including:
- all rolling leasing and maintenance renewals and renegotiations
necessary to prepare for the franchise transition from South West
Trains to Stagecoach South West
- track access, depot closure and and other issues arising on
Stagecoach bids for other franchises
- corporate governance issues in relation to bidding for new
South Western franchise including amalgamation of existing SWT and
Island Line franchises
- corporate holdings - minimum capital reduction in SWT, dividend
policies
- finance leasing arrangements for new rail IT systems
- subsidiary National Transport Tokens’ disputed arrangements
with local authorities for provision and redemption of free travel
tokens; terms and conditions of supply of travel token services;
competition with other token service providers
- advising Freightliner Limited
Please click through to see our additional
rail experience.
