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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
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rail experience
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