Commercial Solicitor (Rail Group)

"Quality is the watchword for this hugely respected firm." Chambers and Partners 2006

Burges Salmon's leading transport practice involves a core team of 6 partners and over 30 lawyers across the firm with specialist rail knowledge. The firm's non-contentious rail unit sits within the Commercial department which has over 38 lawyers including eleven partners.

The firm maintains a reputation for being at the cutting edge of developments in the transport sector, working on complex projects for major transport providers such as FirstGroup plc, and industry representative bodies such as the Association of Train Operating Companies (ATOC). The range of our work in relation to both heavy and light rail sectors has given us an unequalled breadth of experience and a real understanding of every aspect of the rail industry.

Work

The breadth of our non-contentious practice is best appreciated by dividing the work we do into three categories:

INDUSTRY POLICY AND STRUCTURE
Advice to owner groups and train operating companies (often through the Association of Train Operating Companies) on general industry changes such as the implementation of the 'Rail Review', the development of the National Rail Franchise Terms or the industry model 'Network Code', 'Stations Code' and 'Depots Code'.

Current and recent highlights:

• Advising ATOC on the ongoing reform of the Network Code and related matters.
• Advising ATOC/Owner Groups/TOCs on implementing issues relating to the Stations Code, including the interface with Stamp Duty Land Tax and Land Registry requirements.
• Advising on a number of individual Owner Groups/TOCs on the implication of Network Rail's model 'GRIP' contracts.
• Ongoing legal advise to ATOC on the implementation of the Railways Safety Directive and the resulting ROGs Regulations.

FRANCHISING
Advice to owner groups (and would be owner groups) on bidding for passenger rail franchises and/or on the mobilisation/transition of franchises from the current incumbent to a successor operation.

Current and recent highlights:

• Advising FirstGroup on its 2007 bids for the InterCity East Coast, East Midlands and Cross Country franchises.

• Advising FirstGroup on its bids for the Integrated Kent, Great Northern/Thameslink and Greater Western franchises.

• Advising FirstGroup on the mobilisation of its successful bids for Great Northern/Thameslink and Greater Western.

OPERATIONAL
Advice to train operating companies on a wide range of operational issues, e.g. rolling stock procurement and leasing; track/station/depot access; procurement and installation of barrier gates and ticket issuing systems.

Current and recent highlights:
• Appointed by the Department for Transport for two years as their 'principle firm' for general rolling stock advice.
• Advising First ScotRail on the procurement of a fleet of new EMUs for use on AC electrified ScotRail routes, comprising a base fleet of 18 x 4-Car units with options for a further 26 x 4-Car units.
• Advising First ScotRail on the implementation of 'Technical Support and Spare Part Supply' (TSSSA) arrangements to support their existing fleet of Class 334 EMUs.
• Advising First Capital Connect on its involvement with 'Phase 0' of the Thameslink 2000' redevelopment.
• Advising First Great Western on the property and regulatory aspects of the redevelopment of Bath Spa station (in connection with the Southgate shopping centre redevelopment) and Hayes and Harlington station.
• Advising TOCs on numerous station development projects for 'Customer Information' Systems (including real-time train running information), 'Driver Only Operation' systems, CCTV equipment, lift installations, 'Help Points', gating schemes, cycle racks, seating, waiting shelters and enhancements to Grad II listed buildings, a number involving PTE and local authority full or partial funding.
• Representing First Great Western in the successful defence of an appeal by Network Rail of a finding in relation to the correct treatment of bids for train paths in the context of track access.
• Advising Hull Trains in relation to a major claim for damage to its rolling stock which has affected 24% of its fleet.
• Advising Merseyrail on a concession granted by Merseytravel to operate a new Interchange, Liverpool South Parkway.
• Advising TOCs on numerous station development projects for 'Customer Information Systems (including real-time train running information), 'Driver Only Operation' systems, CCTV equipment, lift installations, 'Help Points', gating schemes, cycle racks, seating, waiting shelters and enhancements to Grade II listed buildings, a number involving PTE and local authority full or partial funding.

Commercial Department

The work of the wider department includes the full range of major commercial contract and transactional work, including agency and distribution, procurement (both public and private), strategic outsourcing arrangements, franchising, collaboration and joint venture projects, to name but a few.

Particular strengths include PFI/PPP Projects, Intellectual Property and Information Technology.

Clients include:

• Orange Telecommunications
• British Aerospace
• Ministry of Defence
• Reuters
• United Biscuits
• Matthew Clark
• Foster Yeoman
• Argos
• Royal Botanic Gardens, Kew
• QinetiQ

Requirements

In an applicant, we look for a proven academic record, coupled with first-class commercial contract experience gained in a firm with a strong reputation for heavyweight commercial work. Rail experience is an advantage, but not essential, providing you have a strong interest and a willingness to undertake this type of work.

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