Fladgate has been advising clients in the rail sector since the beginning of the railway era. In the nineteenth century we acted for the Victoria Station and Pimlico Railway Company in obtaining Parliamentary powers, including the compulsory purchase of land for what is now London’s Victoria Station.
Nowadays we continue to act for clients involved in all aspects of rail projects and are currently instructed on many high profile rail projects, both in the UK and internationally. With record usage and investment levels plus increased health and safety requirements, our long experience provides clients with a safe pair of hands when embracing the complexities and opportunities presented by the rail sector.
Our rail teams expertise ranges from UK domestic rail projects and associated issues to international rail projects procured under project finance models in relation to both light and heavy rail, which have become the benchmark for procurement models on the projects that followed.
Not only are we familiar with the NR 12 and other forms of Network Rail standard contracts and procedures from our work within the rail industry, but we also regularly advise on other standard forms relevant to, and used within, the sector for procurement of associated works and services. Members of our team were involved in a number of the published updates issued prior to the 2011 rebaseline to bring the agreement into line with developing case law and legal updates. We continue to advise these organisations on related issues.
Our reputation for providing cost-effective, practical advice allows us to make a meaningful contribution, assist in minimising risk and help the project team meet their budget and completion requirements.
Where rail disputes are unavoidable, we are experienced in all forms of dispute resolution including litigation, arbitration, adjudication and ADR.
We also help clients working in the rail sector to understand their health and safety liabilities, for example through targeted workshops for senior executives and advice on compliance with health and safety law. Where rail related health and safety issues arise, our team provides timely and expert support, particularly in respect of ORR prosecutions.
Areas in which we act include:
- Rail infrastructure projects – including major new infrastructure, new stations and network upgrades.
- Rail franchising – we advise bidders and authorities on all aspects of the franchising process.
- Rail operations – including advice on day-to-day activities, operations or implementation agreements, major strategic projects and complex contractual arrangements on passenger and freight operations.
- Rail policy and regulation – including advice on compliance issues, engaging with industry bodies (e.g. the ORR) and licensing matters.
- Rail strategy and structural change.
- Rail procurement – including specialist advice on rolling stock procurement.