Business profile
implementation. Major station or depot enhancements are co-ordinated by Rail Real Estates Partner Philip Beer. Rolling stock is a particular specialism with the firm having been involved with the procurement of many new fleets since privatisation, including recently the Velaro e320s procured by Eurostar for its high speed services connecting London, Paris and Brussels. The firm’s clients on rolling stock matters include manufacturers, operators,industry bodies and government.
Unique safety & rail disputes specialism The firm’s involvement with the Southall and Ladbroke Grove accidents in the late 1990’s enabled it to develop a unique safety specialism, led by partners Chris Jackson and Ann Metherall, which has subsequently helped clients involved in many of the industry’s major incidents, including Hatfield, Great Heck, Potters Bar, Ufton Nervet and Grayrigg. This expertise means that the firm is ideally placed to advise on the full range of strategic and operational safety issues that arise in an industry for which safety is the first priority. While relationships are preferable to
argument, as with any industry, disputes do arise from time to time. Burges Salmon has a record of achieving resolutions that work in context. The firm’s deep understanding of the industry’s contracting and regulatory framework and the commercial environment within which industry parties operate enables it to help clients resolve their disputes in a way which stands up for their legitimate interests while also reflecting the need to maintain wider industry relationships.
commercial ethos.’ Burges Salmon’s policy and regulatory
work sees it helping to shape the thinking on prospective legislation and regulation and advising clients on their strategic response to that legislation and regulation once finalised. This work is a natural continuation and application of the expertise initially developed during the privatisation process. Having maintained involvement with such policy matters from the beginning, Burges Salmon is one of the few law firms able to offer clients such continuity.
Continuous involvement in franchising The firm has also been continuously involved with passenger rail franchising. Since supporting the successful bid for the Great Eastern franchise in 1996, Burges Salmon has advised a range of owner groups and prospective owner groups on numerous bids for passenger franchises and concessions and, where successful, on their subsequent migration and mobilisation. This work gives the firm an unrivalled insight into the development of the UK model franchise
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agreement (now in its fourth incarnation since privatisation) and an unparalleled understanding of the unique challenges involved in the handover of franchises. As the refranchising programme gets
under way again, with competitions including Essex Thameside, Scotrail, TSGN and Crossrail, Burges Salmon is preparing to continue its record of involvement in each process. While one of the welcome outcomes of the West Coast episode is the DfT’s stated aim of delivering to market a manageable flow of franchising opportunities, even two to three franchise competitions a year will challenge bidders’ and their advisers’ resources. Burges Salmon is one of the few law firms with the depth of resource needed to fully support the upcoming refranchising schedule. The breadth of the firm’s specialist rail
practice means that it has remained busy despite the ‘pause’ in the refranchising programme. The firm handles a wide range of operational rail work such as arrangements for the building of new infrastructure, complex rolling stock procurements and GSM-R
Legal needs haven’t diminished With nearly 20 years having passed since privatisation, the rail industry’s need for general legal advice has reduced but its need for specialist advice remains high. The recent rail franchise schedule will see most of the current franchises re- let over the next eight years, whilst the five-year regulatory period starting in 2014 will see the industry deliver major network electrification and capability enhancements as well as a series of city- focussed capacity projects. As regulatory and franchising specialist Brioney Thomas explains: ‘The industry is subject to extensive regulation; the passenger railway is franchised via intricate tender processes, its contractual relationships are numerous and often highly complex. The needs have changed over time but they haven’t really diminished and it’s hard to see that situation changing in the foreseeable future.’ As a recognised leader in the rail sector
Burges Salmon LLP will be there to support the industry as it rises to meet its latest challenges. Visit
www.burges-salmon.com
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