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Business profile
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
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.
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 relet
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 cityfocussed
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