Most recently we acted for Arriva plc and its subsidiary XC Trains on the successful bid for the new enlarged CrossCountry rail passenger franchise and the related franchise mobilisation, including advising on the statutory and other transfers of the various train businesses forming the new franchise.  Prior to that we acted for National Express Group on the formation of the "one" rail passenger franchise. 

Our cross-disciplinary rail group includes corporate lawyers with expertise in corporate governance and corporate structures, working closely alongside specialists advising on competition and state aid issues in the rail sector.  Recent corporate projects have included acting on the acquisition of open access operator Grand Central Railway Company Limited.

Other members of the rail group have particular expertise in rolling stock leasing and in other fleet-related contracts, including maintenance and refurbishment contracts.  We also advise our rail clients on a full range of commercial contracts such as outsourcings, high value procurements and technology contracts.

Our pensions specialists have extensive experience of issues affecting the sector, including a detailed knowledge of the Railways Pensions Scheme, whilst our employment lawyers specialise in advising on issues relating to trade union  and industrial relations law, including collective bargaining and the implication of information and consultation requirements, Works Councils, restructurings and transfers of undertakings. 

Turning to contentious expertise, our construction litigators have acted on a number of rail disputes, advising on issues such as the proper valuation of design costs and works, the operation of partnering alliances, refurbishment of infrastructure and signalling, valuation of civil engineering subcontractors' works and disputes arising from the use of letters of intent.  Our non-contentious construction lawyers, working closely with our planning specialists, act for various transport clients to ensure the smooth running of major projects.  This includes advising on planning, environmental, Compulsory Purchase Orders and regulatory work.

Members of our rail group also advise on health and safety law, prosecutions, occupational health law, insurance matters and personal injury claims.

Examples of our recent experience include:

• Acting for XC Trains Limited (an Arriva Group company) on its successful bid for the New CrossCountry franchise and on the subsequent franchise mobilisation;
• Acting for Eurostar on the relocation of its operations from Waterloo to St Pancras and related depot relocations and concurrently acting for its sister company, London & Continental Railways, on the retail and leisure facilities at the newly refurbished St Pancras Station; and
• Acting for Sovereign Trains on the acquisition from Porterbrook Leasing Company of 24 units and their refurbishment and leasing.

Lara Burch
t +44 (0)117 917 4268
lara.burch@osborneclarke.com