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Who Represents Who

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As ‘one of the best firms in this specialised area’, Burges Salmon LLP demonstrates expertise in rolling stock procurement, franchise bidding and mobilisation, as well as rail-related regulatory questions. It further advises on Office of Rail and Road (ORR) prosecutions; real estate; arbitrations and industry dispute resolution processes; track, station and depot access agreements; public law issues; and commercial matters. Recent highlights include complex cross-border matters such as advising FirstGroup and First TransPennine Express on the procurement and mobilisation of rolling stock for the TransPennine Express Franchise; as part of this matter, ‘very experienced’, ‘committed and pragmatic’ head of rail Brioney Thomas negotiated new leases for two existing fleets and advised on the procurement of two new intercity fleets. Another highlight was assisting Rail for London with the acquisition of Willesden C Sidings from DB Schenker, which involved preparing and consulting on the suite of leasing and access documents to lease the depot to a concessionaire. Clients include Abellio Transport Holdings including its train operating companies Merseyrail, Greater Anglia and ScotRail; Eurostar International; and the Association of Train Operating Companies. Chris Jackson heads the transport section and works alongside Simon Coppen, who has ‘vast experience’ in rail franchising. ‘Extremely bright’ newly promoted partner Ian Tucker is recommended, alongside ‘excellent negotiatorsPhilip Beer and senior associate Michael Bray. Senior associate Edward Barratt ‘possesses an excellent understanding’ of rail franchise.

Osborne Clarke’s expertise ranges from rail franchising, concessions, and rail regulatory issues, to advising manufacturers, rolling stock leasing companies and train operating companies on projects for procurement of rolling stock and leasing and modification of existing fleets. It also handles various corporate and commercial matters including asset finance and public law issues, and is adept at handling complex international work. The team is renowned for its particular focus on the intersection between rail and technology, as demonstrated by its position as legal advisers to the HackTrain initiative, a team of technology and start-up professionals who work on improving customer experience and operational efficiency in the rail industry through the use of technology. Under the lead of practice head Lara Burch, the team advised XC Trains on its direct award to continue operation of the CrossCountry passenger rail franchise. Other highlights included advising Eversholt Rail on the finance, acquisition and leasing of a new fleet built by Spanish train manufacturer CAF, as well advising them on the financing, acquisition and leasing of a follow-on order of intercity rolling stock units to be leased to Great Western Railway. The practice’s wider expertise in the rail sector shows in its instructions by Eurostar, which it advised on a broad range of legal issues, including employment tribunals, unit bond enforceability opinions and trade mark portfolio management. Other clients include Arriva and its affiliated train operating companies, Siemens, Stadler Rail Valencia, Knorr Bremse Rail, and the ORR.

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