Rail

Rail passenger 

The rail passenger team is led by Steve Johns, a specialist with over a decade's experience in rail. Over his career, he has acted on some of the most significant projects in the UK rail industry, for clients including the Department for Transport, regional transport authorities, TOCs, rolling stock manufacturers and maintainers.

Previously, Steve has advised:

• Alstom Transport UK on its contracts with Avanti West Coast relating to maintenance of the Pendolino fleet and its extensive refurbishment. The suite of contracts, worth £642m, comprised an updated Train Service Agreement with entirely new performance regime, a contract for interior refurbishment of the fleet, a contract for ETCS fitment, and contracts for depot upgrades. 

• The Department of Transport in relation to the Thameslink Rolling Stock Programme for supply and long term maintenance of 1,140 rolling stock vehicles the re-provision of two new maintenance depots. The work included advising on the £1.4 billion refinancing of the project, on substantial and complex variations, and on issues arising from depot construction works.

• The Department for Transport on access arrangements for Crossrail services to the privately-owned Heathrow Spur, including supporting DfT as an interested party in defeating a judicial review of the ORR decision in respect of the charging framework.

• Merseytravel on its £600m project to replace rolling stock on the Merseyrail Electrics Network, involving the manufacture of the new trains and their long-term maintenance, and necessitating changes to the ongoing long-term concession arrangements between Merseytravel and the TOC.

• Serco Caledonian Sleepers throughout its mobilisation to take over the Caledonian Sleepers franchise.

• Keolis Amey Docklands on its winning bid to take over operation of the Docklands Light Railway.

• Nexus on the early stages of its project to replace the fleet of metro cars that operate on the Tyne and Wear Metro, developing a procurement strategy and drawing up key contracts.

Rail freight 

The rail freight team is led by Chris Thornes a commercial and transport lawyer with over 24 years’ experience in both private practice and in-house roles, including senior positions within the DB Group of companies. This experience gives him a detailed understanding of rail freight operations and infrastructure, multimodal logistics and supply chains, regulatory frameworks and industry compliance and commercial pressures facing rail freight operators, customers and logistics providers.

Chris has extensive experience of supporting high-value and business critical projects across the rail transport and logistics industries. He has advised on matters across the UK and Europe, including cross border rail and logistics operations.

Previously Chris has advised:

• DB Cargo (UK) Limited in respect of rail haulage and general commercial contracts together with continuing property portfolio management including low value to multi-million-pound transactions. Including transactions related to the London 2012 Olympic Games, CTRL, HS2, Crossrail and Transpennine Express upgrade project.

• Devon and Cornwall Railways Limited in respect of the creation of general conditions of carriage, procurement of locomotives and Wagons and customer contracts.

• Wascosa UK Limited the creation of the group company for Wascosa AG and the negotiation of a major wagon leasing contract with UK railway network owner and infrastructure manager, Network Rail, for the provision of a total of 570 wagons.  Advise was provided in respect of the manufacture and procurement of the wagons, to be built by Greenbrier Europe, the 10-year deal for maintenance  with operator GB Railfreight and financing for the entire transaction.

• A large port operator in respect of rail connection and access arrangements, general conditions of carriage and rail customer contracts.

• An international rail operator in respect of the design and build contract to be entered into with a Japanese manufacturer for the design and build of a new hybrid shunting locomotive for use across Europe.

A multidisciplinary team supporting every aspect of rail law

Steve and Chris are supported by colleagues from across the firm, each of whom brings expertise in his/her subject area along with a deep understanding of the rail sectors. In particular:

• We are long-standing advisers to Train Operating Companies such as Merseyrail and LNER on employment and pensions matters. Human resources and industrial relations continue to be of primary importance to the success of the rail industry. Our employment lawyers have a deep understanding of industry terms and conditions and the railways pension scheme, and our appreciation of railway industrial relations means we can help you with all aspects of workforce issues.

• Our Built Environment team regularly acts for third party investors in the railway, for developers with projects adjacent to rail land, and for network owners looking to protect their assets. We are accustomed to engaging with Network Rail on behalf of customers and are familiar with their standard form of asset protection and implementation agreements. If you have a development project that will impinge on the national rail network or on any of the UK’s light rail systems, our real estate, planning and construction lawyers can assist you in handling the additional challenges this brings.

Our rail sector expertise

We have experience across both freight and passenger rail, and in many of the key sub-sectors of the industry:

• Rail freight haulage agreements for operators and customers

• Sidings maintenance agreements and track maintenance agreements

• European service design — traction sales and purchase across Europe

• Railway real estate

• Multi-modal agreements

• Ports & terminals

• Dispute resolution

• Regulatory

• Health & safety

• Rail franchising/concession arrangements

• Track renewal works

• Track connection, station and depot access agreements

• Third-party developments affecting the railway/tramway, including asset protection

• Employment and pensions

Proven experience advising on major rail projects

Our expanded team's credentials include:

• Advising various local authorities on station redevelopment projects, including Manchester City Council, Doncaster City Council, and the West of England Combined Authority.

• Advising Siemens Powerlines Limited in relation to its role as main contractor on the £260m electrification of the Midland main line.

• Advising Dudley Council on the development of its Very Light Rail National Innovation Centre on Network Rail land, including advice on funding, real estate, asset protection, commercial and construction issues.

• Advising Transport for Greater Manchester on asset protection arrangements relating to a high-rise development adjacent to the tramway in Deansgate, Manchester

• Advising LNER on all aspects of their employment law requirements, including Employment Tribunal litigation

• Working closely with a TOC on a wide range of ET and associated issues, successfully having helped the company to deliver significant organisational change and TUPE projects without resultant Tribunal claims, together with successfully defending the company against a claim arising from alleged transgender discrimination.