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

Darren Fodey Partner

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 Leading Individual 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 the rail sector, rail regulation and regulated contracts, as well as the rail franchise/concession cycle, offering pragmatic advice on the day-to-day operation of a rail business and its supply chain arrangements. Acting for train operators, infrastructure managers, funders and procurers of railway services, both in the public and private sectors, 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 Elizabeth line railway and regularly advises on the operation of Elizabeth line services.

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, Covid-19, the Williams-Shapps Plan for Rail and the cost challenges faced by the rail industry.

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 down-to-earth, practical advice to railway businesses.

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

"Darren Fodey is very knowledgeable and personable, but also thinks about the wider aspects in the industry and how those may impact on my firm. He also brings wider legal aspects that we wouldn’t necessarily consider into our thinking."

The Legal 500 UK 2023

  • Rail finance
  • Projects, energy and infrastructure
  • Rail dispute resolution

CAF

Advising CAF on the Caledonian Sleeper rolling stock financing arrangements.

LOROL

Advising the financiers on the new rolling stock for London Overground.  Advising CAF on its bid to supply a new fleet of trains to TfL for that concession.

Norwich Crown Point

Advising on the debt financing for the substantial upgrades of the light maintenance rail depot at Norwich Crown Point. These upgrades were part of the Transport UK Group (formerly Abellio) East Anglia franchise bid and were necessary to accommodate their upgraded fleet.

More: Rail finance

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, energy 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 and road

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. 

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

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