Rail

Our team of rail lawyers helps clients across the rail industry navigate the peculiarities of the sector. The 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.

Steve is supported by colleagues from across the firm, each of whom brings expertise in his/her particular subject area along with a deep understanding of the rail sector. 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.

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

• Rolling stock procurement, leasing and maintenance
• Rail franchising/concession arrangements
• Regulatory matters
• Track renewal works
• Track, station and depot access
• Third-party developments affecting the railway/tramway, including asset protection

Our team's credentials include:

• Advising Alstom Transport UK on its suite of contracts with Avanti West Coast relating to the extensive refurbishment of the Pendolino fleet and its maintenance throughout the term of the West Coast Partnership franchise, worth £642 million.
• Advising Manchester City Council on the redevelopment of Oxford Road Station.
• 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.

Previously, Steve has advised:

• 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.

Main call to action If you operate in the heavy rail or light rail industries, or if you are looking to develop on or near the railway or tramway, our team stands ready to assist. Please get in touch for an initial discussion about how we may be able to support your business.