Contact details

Darren Fodey

T: +44 20 7809 2388 M: +44 7920 201 290 Email Darren | Vcard Office: London

Awards

Rail

Rail

Rail finance law firm of the year 2019 - sixth consecutive year

Rail finance law firm of the year 2019 - sixth consecutive year

Band 1 for Rail Franchising

Band 1 for Rail Franchising

Darren Fodey Partner

Contact details

Darren Fodey

Darren Fodey
Partner

T: +44 20 7809 2388 M: +44 7920 201 290 Email Darren | Vcard Office: London

Darren has worked in the rail industry throughout his legal career and has extensive experience in all areas affecting a railway business – whether a bidder, infrastructure manager, procurer, franchisee or concessionaire. He has particular expertise in relation to franchising and railway regulation – advising on all aspects of how the law impacts on the railway business. In recognition of his breadth of experience, he has been named as a “Next Generation Lawyer” by the Legal 500 directory.
  • Profile
  • Services
  • Sectors

Darren has a thorough understanding of rail regulation and regulated contracts, together with franchise/concession agreements – and what they mean in practice. In particular, he has been closely involved in the establishment of a new infrastructure management entity for the Crossrail Central Operating Section – Rail for London (Infrastructure) Limited – together with the associated regulatory regime and suite of contractual documentation. This has required a "back to basics" approach, with a deep understanding of industry laws, regulation and practice, working closely with other industry bodies such as the Office of Rail and Road. It also involved a contentious application to the regulator for access to infrastructure owned by Heathrow Airport Limited.

Darren has also been involved in a number of bids for franchises/concessions, including most recently for the East Midlands franchise and London Overground concession. This draws on experience advising train operators on the day-to-day operation of their franchise/concession – such as Arriva Trains Wales, Chiltern, Northern, Crosscountry, Greater Anglia and c2c. He also has acted for a procuring authority – Rail for London Limited – in connection with the Crossrail concession agreement.

Darren is also leading the team in connection with the implications of Brexit for railway businesses. This has included offering advice to train operators on the potential consequences of Brexit under their existing contractual arrangements, considering the implications of Brexit for new railway-related legislation (including the “Fourth Railway Package”) together with its “real-life” application and other confidential Brexit-related matters.

Darren has particular expertise in relation to Alliances between train operators and Network Rail, having been involved in the first "deep" Alliance and, since then, in connection with various "depths" of Alliance between a number of train operators and Network Rail, reflecting increasing governmental direction for closer working between industry parties.

Darren continues to write for various industry publications on some of the latest rail issues – having featured in RAIL magazine and Rail Professional.

“As always, we have enjoyed working with you and we look forward to continuing to do so.” 
Barry Graham, Senior Rail Advisor, Northern Rail Limited, 2015

  • Rail dispute resolution
  • Projects and infrastructure

Heathrow Airport

Advising Transport for London in relation to a regulatory dispute with Heathrow Airport in relation to terms of access to the track and stations comprised in the Heathrow spur. The dispute was before the Office of Rail and Road ("ORR") as arbiter.

Judicial review

Advising TfL on aspects of judicial review proceedings brought by Heathrow Airport against the ORR in connection with Heathrow Spur access charges for Crossrail services.

Timetable planning rules

Advising in relation to a dispute under the Access Dispute Resolution Rules arising out of proposed changes to the Timetable Planning Rules that had a detrimental impact upon the proposed services.

Rail contracts

Advising on all aspects of the rail industry, including bids for franchise/concession agreements and the ongoing operation of franchise/concession agreements – such as in connection with the smart ticketing on national rail project.

Rail regulation

Offering tailored advice on the operation of the rail industry and its regulation, including contested applications for access and the development of a new regulatory regime.

New infrastructure

Advising in connection with the development of new rail infrastructure and associated arrangements (including regulatory arrangements).

More: Projects and infrastructure

  • Rail

Regulation

Advising on all aspects of rail regulation, including Transport for London on the regulatory arrangements for Crossrail and contentious access to Heathrow Airport (together with associated judicial review action) and various incumbent operators on aspects of their agreed and contested (section 17) track and station access arrangements.

Franchising and concessions

Advising on various bids and direct awards for UK franchises and concessions, including East Midlands (Arriva), London Overground 2 (Arriva) and ScotRail (National Express).

Day-to-day operations

Advising incumbent operators (including c2c, Greater Anglia, Arriva Trains Wales, Crosscountry and Chiltern) on aspects of their on-going franchise operations and amendments to those arrangements, including in connection with the implications of Brexit for their businesses.

More: Rail

Awards

Rail

Rail

Rail finance law firm of the year 2019 - sixth consecutive year

Rail finance law firm of the year 2019 - sixth consecutive year

Band 1 for Rail Franchising

Band 1 for Rail Franchising

Latest news & insights

28 May 2019

From Insights

Williams Rail Review update 5 - who wants what? A summary of key themes

This is the fifth in our series of updates on the Williams Review of the rail industry.

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15 May 2019

From Insights

Williams Rail Review update 4 - RDG calls for "generational upgrade", while passengers tell Williams that travelling is the luck of the draw

This is the 4th in our series of updates on the Williams Review of the rail industry (the Review).

More

25 Apr 2019

From Insights

Williams Rail Review update 3 - freight, “metroisation” and “radical” reform

This is the third in our series of updates on the Williams Review of the rail industry.

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11 Apr 2019

From News

Stephenson Harwood promotes thirteen to partnership

Law firm Stephenson Harwood LLP has promoted thirteen lawyers in its largest round of internal partner promotions. They will take effect on 1 May 2019.

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25 Mar 2019

From Insights

Williams Rail Review update 2 - objectives, structure, devolution and the supply chain

This is the second in our series of updates on the Williams Review of the rail industry. In this update, we consider what has happened over the last few weeks.

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11 Mar 2019

From Insights

Williams Rail Review – where are we now?

In the first of a series of articles on the Williams Rail Review, Jacqueline Cook and Darren Fodey from the Stephenson Harwood Rail Team consider what has happened so ..

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06 Mar 2019

From Insights

Dealing with rail disputes - a series of top tips: (1) "Change" under franchise agreements"

Over the course of this month and the next three months, members of the Stephenson Harwood rail disputes team will be considering a number of topical issues relating t..

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01 Mar 2019

From Insights

On the right track?

Writing for Rail Professional, senior associates Charlotte Heywood and Darren Fodey provide their tips on dealing with disputes under track access contracts, in the se..

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11 Feb 2019

From Insights

Happy new Regulations day! The 'Market Pillar' takes steps to open up the railways to competition

Today (11 February 2019) sees the coming into force of provisions intended to implement the "Market Pillar" of the Fourth Railway Package of EU legislation following t..

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31 Jan 2019

From Insights

All Change

Writing for Rail Professional, senior associates Charlotte Heywood and Darren Fodey provide their tips on dealing with change under franchise agreements.

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03 Dec 2018

From Insights

Top table dinner: third party funding and financing in the railway industry - 10 things we learned

Wednesday 21 November 2018 saw the latest in the series of "top table" dinners jointly hosted by Stephenson Harwood and Atkins.

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07 Nov 2018

From Insights

A new approach to franchising?

Writing for Rail Professional, Stefan Eilts and Darren Fodey explain why the Transport Select Committee has asked probing questions in its East Coast Report.

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20 Sep 2018

From Insights

Rail franchising: the balance between risk and reward

If this were BBC Two's "Only Connect", we might expect Victoria Coren-Mitchell to be quizzing us on the connection between McNulty, Brown, Bowe and Shaw.

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16 May 2018

From Insights

Launch of Network Rail's Digital Strategy

Network Rail’s Digital Railway Strategy was launched by Transport Secretary Chris Grayling and Network Rail Chief Executive Mark Carne at an event in York on the 10 Ma..

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15 May 2018

From Insights

Investing in the railway: a new approach?

Darren Fodey considers a new approach to funding for rail projects in the May issue of Rail Professional.

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05 Apr 2018

From Insights

Rail franchising: 10 key points from the top table dinner

Peter Wilkinson, the Department for Transport's Managing Director of Rail Passenger Services, kindly joined Stephenson Harwood and Atkins on Tuesday 13 March 2018 for ..

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