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 is an expert in rail regulation, regulated contracts and railway operations, with broad expertise in all areas affecting railway businesses: bidders, infrastructure managers and train operators. He has been named as a “Next Generation Partner” by the Legal 500 directory. He works with both the public and private sectors, offering insights on how the railway works in the real world.
  • Profile
  • Services
  • Sectors

Darren is known for his deep knowledge of rail regulation and regulated contracts, as well as the rail franchise/concession cycle, from bid through to mobilisation and day-to-day operation of a rail business and associated supply arrangements. Acting for train operators, infrastructure managers, funders and procurers of railway services, both in the public and private sector, he offers broad perspectives of how the railway operates in the real world.

Deploying his detailed knowledge of industry laws, regulation and practice, working alongside industry stakeholders such as the Office of Rail and Road and the Department for Transport, he has delivered a regulatory regime and suite of contractual documentation for the operation of the new Crossrail railway.

Darren's experience extends to the private sector too. He has vast experience acting for private bidders and train operators. Experienced in all aspects of franchises/concessions, he acts from the bid stage, through mobilisation and associated supply agreements and then into the operational phase. He has advised on the impacts of Brexit and Covid-19 on existing contractual arrangements.

Recognised by clients for his attention to detail and ease to work with, his knowledge of how the railway works in the real world means he can "talk trains" and offer pragmatic advice to railway businesses.

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

“excellent on the detail” 

The Legal 500 UK 2020

  • Projects and infrastructure
  • Rail dispute resolution

Rail contracts

Advising on all aspects of the railway, including day-to-day service delivery, arrangements between the public and private sectors, bids, mobilisations, variations, disputes and overall strategy – including in response to Brexit and Covid-19.

Rail regulation

Offering tailored advice on rail regulation and agreed/disputed regulated contracts: track, station and depot access, associated commercial arrangements and industry ticketing arrangements, as well as developing new regulated regimes.  

Infrastructure

Advising in connection with the development of new rail infrastructure, modifications to existing rail infrastructure and associated arrangements, including the regulatory implications of proposals.

More: Projects and infrastructure

Heathrow Airport

Advising Transport for London ("TfL") 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.

Schedule 8

Advising TfL in relation to the operation of the "Schedule 8" train service performance regime in its track access contract with Network Rail.

  • Rail

Regulation

Advising on all aspects of rail regulation, including developing a bespoke regime for Crossrail, advising on licence obligations and the impact of new legislation, such as new and recast "railway packages" and passenger rights, together with agreed and contested regulated track and station access contracts, such as the operation of the performance and possessions regime, contested access for Crossrail services to Heathrow Airport and access arrangements for Greater Anglia services at Southend Airport, as well as mobilising regulated aspects of new franchises such as for East Midlands Railway.

Franchising and concessions

Advising on various bids or direct awards for various UK franchises, such as East Midlands, ScotRail, London Overground, Northern, Docklands Light Railway, Wales and Borders and East Anglia, as well as advising TfL on the management of the Crossrail concession agreement.

Day-to-day operations

Advising incumbent operators such as Trenitalia c2c, East Anglia and Chiltern on various elements of their ongoing operations, such as           variations, preparing, negotiating and advising on supply contracts, as well as the impact of external events such as Brexit and Covid-19. 

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

16 Sep 2020

From Insights

Understanding Brexit

Despite all the information available on Brexit, it is sometimes difficult to work out where we are in the process. This page steps back from the detail and gives an ..

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12 May 2020

From Insights

Railway collective action: Ticketing, zonal fares and large claims

We consider the implications of “Merricks” and “Gutmann” on the rail industry.

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01 Apr 2020

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COVID-19: Force majeure in the rail industry

As the impact of COVID-19 builds every day, supply chains are being significantly disrupted and businesses' rights and obligations under contracts are coming into shar..

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12 Feb 2020

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RailTech: Top tips for the future railway

Innovation in the rail industry is a hot topic, something which has been encouraged by government and Network Rail alike for some time.

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30 Jan 2020

From Insights

Rail-tech and data protection

In a recent Rail Professional article, Stephenson Harwood associate Katie Hewson and partner Darren Fodey explore some consequences of the General Data Protection Regu..

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05 Dec 2019

From Insights

Rail: a round-up of 2019 and looking forward to 2020

With the end of 2019 rapidly approaching rail partners Tammy Samuel, Suzanne Tarplee and Darren Fodey offer their thoughts on rail in 2019 and look forward to what are..

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03 Dec 2019

From Insights

Cyber-security in the rail industry

Digitalisation of the rail industry is progressing at a steady pace, as stakeholders seek new opportunities to improve their efficiency and customer experience.

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06 Nov 2019

From Insights

Innovation through data sharing

Partner Darren Fodey and senior associate David Berry write for Rail Professional, explaining how data sharing can place passengers at the heart of the industry.

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17 Oct 2019

From Insights

What impact would a no-deal Brexit have on rail finance?

Lisa Marks and Darren Fodey assess the implications that a no-deal Brexit scenario would have on the rail finance market.

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15 Oct 2019

From Insights

On track: an update from the Stephenson Harwood rail team

With the autumn nights drawing in, it’s time for an update from the Stephenson Harwood rail team.

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18 Sep 2019

From Insights

Renationalisation – the railway

As part of a series on the continued debate around renationalisation, rail partners Tammy Samuel and Darren Fodey discuss the William Rail Review and the prospect of r..

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21 Aug 2019

From News

Stephenson Harwood advises Abellio on £3.3 billion franchise

Law firm Stephenson Harwood LLP has advised long-standing client Abellio on the mobilisation of its new East Midlands franchise for the Department for Transport (DfT),..

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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).

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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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© Stephenson Harwood LLP 2016. Any reference to Stephenson Harwood in this document means Stephenson Harwood LLP and/or its affiliated undertakings. Any reference to a partner is used to refer to a member of Stephenson Harwood LLP.