Rail and road
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Rail and road

Our rail and road team combines first-class legal skills, unbeatable commitment to our clients, outstanding market knowledge and genuine commercial understanding. Being at the table with the industry means we have unique insights from all perspectives. This benefits our clients, who comprise some of the most significant stakeholders in the industry.
  • Profile
  • Experience
  • Key contacts

Demand for railway services continues to grow. The UK has seen unprecedented activity in passenger rail franchising, growth in demand for new rolling stock and investment in rail infrastructure. This has all taken place within a legal and regulatory framework that is continually evolving. In Europe, the market has been open to greater competition since the 1990s and this is expected to continue with the recast of the First Railway Package and the introduction of the Fourth Railway Package.

Our team acts for private sector operators and owning groups, public bodies, financiers, lessors, industry bodies, infrastructure owners, manufacturers and maintainers and includes lawyers who have worked in or been seconded to the industry (including to General Counsel roles in both of High Speed 1 and High Speed 2).

We can help you with:

  • franchise agreements and concessions (including direct awards)
  • mobilisations and demobilisations
  • competition issues
  • infrastructure procurement, ownership, operation and maintenance
  • access agreements and options
  • stations, depots and adjacent property
  • rolling stock procurement, operation, leasing and maintenance
  • signalling arrangements
  • employment, unions and pensions
  • joint ventures
  • planning and environmental issues
  • procurement and regulation
  • real estate and construction
  • intellectual property rights and protection
  • dispute resolution
  • procurement challenges

Twitter @LegalRail

"An experienced team from the partners to the associates who know and understand the rail industry and apply that knowledge in a balanced, pragmatic and commercial way. First class knowledge of the rolling stock area – not only from the manufacturer perspective but also operators and financiers." 
The Legal 500 UK 2022

Northern Rail – franchise, direct award and operations

Acting for the UK's largest operator on all aspects of its franchise operations including its direct award, rolling stock matters, disputes, real estate and all commercial arrangements.

CAF – major rolling stock procurement including Caledonian Sleepers

Advising Spanish manufacturer CAF on the majority of its UK rolling stock bids, including the successful bid for the Caledonian Sleeper fleet expected to come into service in April 2018. This included maintenance arrangements and employment issues.

Transport for London – strategic advice on rail regulation including in relation to Crossrail

We work alongside TfL in considering its rail regulation strategy. In particular, we advise on all elements of the design of the regulatory and charging frameworks for Crossrail.

Transport for London – development of a new stations access regime

TfL is taking on greater responsibility for heavy rail services in the capital. With TfL, we designed and implemented innovative and ground breaking arrangements for the leasing of and access to TfL Rail stations.

National Express – advising major train operator on its ScotRail bid

Representing National Express on all aspects of its bid to Transport Scotland in relation to the ScotRail franchise, including rolling stock, competition and employment advice.

Abellio Greater Anglia – devolution of services to LOROL and Crossrail

Devolution of rail services to local authorities is expected to be a key part of this Parliament. We advised operator Abellio Greater Anglia on the transfer of certain of its services to TfL concessionaires LOROL and Crossrail.

Train operator – confidential disputes on franchise agreement terms

We work closely with train operators and regularly advise on the interpretation of their contractual arrangements – this can lead to disputes and we have advised on high profile (confidential) disputes in the rail sphere.

Thameslink, Southern and Great Northern – competition filings

UK and EU competition issues are at the top of the agenda in the rail industry. We advise on competition filings in the UK and EU as well as competition strategy for a number of operators. We recently made successful filings in relation to the TSGN franchise at both EU and UK level.

High Speed 2 – General Counsel and industry consultation

One of our partners was seconded as the general counsel of HS2 and we have also assisted HS2 in its rail industry consultation through a series of top table dinners.

Voyager Leasing – signalling contracts

Advising the owners of the Voyager fleet on the procurement of on train (ETCS) signalling.

Lawyer

Darren Fodey Partner

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

Lawyer

Tammy Samuel Partner and co head of rail

T:  +44 20 7809 2227
M:  +44 7766 991 053 Email Tammy | Vcard Office:  London

Lawyer

Suzanne Tarplee Partner and co head of rail

T:  +44 20 7809 2389
M:  +44 7718 247 220 Email Suzanne | Vcard Office:  London

Latest news & insights

12 Apr 2022

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Who is the future customer of the railway? Top 10 takeaways from our top table dinner

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17 Jan 2022

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20 Dec 2021

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16 Dec 2021

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UK Public Procurement Reform – the Government's response to public consultation

Back in October, we provided an update on the Cabinet Office's plans for public procurement reform following publication of its Green Paper "Transforming Public Procur..

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09 Nov 2021

From Insights

Full steam ahead – Gutmann's collective action against train operating companies certified to proceed

On 19 October 2021, the CAT certified the CPO brought by Mr Justin Gutmann against three separate current and former TOCs – namely, First MTR operating the South Weste..

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05 Nov 2021

From Insights

What role can rail play in achieving COP26's objectives?

Unlike shipping and aviation, rail transport is probably one of the simplest ways of delivering a lower carbon economy.

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21 Oct 2021

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Top table dinner: Williams-Shapps from report to implementation: Structural reform – what does it mean?

Stephenson Harwood LLP and SNC-Lavalin Atkins were delighted to host Rufus Boyd, Programme Director Passenger & Freight Services at Great British Railways Transition T..

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11 Oct 2021

From Insights

UK Public Procurement Reform – What's the latest?

Earlier this year, we wrote a series of articles setting out our thoughts on the UK Government's bold plans for the reform of public procurement regulation set out in ..

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05 Oct 2021

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Williams-Shapps: delivering the future railway - What are the implications for rail's people?

This article is the last in a series of five articles by the Stephenson Harwood Rail team looking at the Williams-Shapps Plan for the Rail industry and what implementa..

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28 Sep 2021

From Insights

Williams-Shapps: delivering the future railway - How do we modernise the railway and deliver decarbonisation?

This article is the fourth in a series of five articles by the Stephenson Harwood Rail team looking at the Williams-Shapps Plan for the rail industry and what implemen..

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21 Sep 2021

From Insights

Williams-Shapps: delivering the future railway - Non-franchised users of the network – how about freight, open access and devolved authorities?

This article is the third in a series of five articles by the Stephenson Harwood rail team looking at the Williams-Shapps Plan for the rail industry and what implement..

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14 Sep 2021

From Insights

Williams-Shapps: delivering the future railway - Rebuilding passenger confidence – what is the offering?

This article is the second in a series of five articles by the Stephenson Harwood rail team looking at the Williams-Shapps Plan for the rail industry and what implemen..

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07 Sep 2021

From Insights

Williams-Shapps: delivering the future railway - Structural reform – what does it mean?

This article is the first in a series of five articles by the Stephenson Harwood rail team looking at the Williams-Shapps Plan for the rail industry and what implement..

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30 Jun 2021

From Insights

Encouraging modal shift by making the railway attractive to passengers

Caroline Hooton and Darren Fodey explore different techniques to help move people back onto the railway and away from their cars.

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10 Jun 2021

From Insights

DfT plan to 'transform the railways for the better' released

The Department for Transport (DfT) has announced the launch of a new plan to "transform" railways in Great Britain: the Williams-Shapps plan. In a piece first publishe..

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31 May 2021

From Insights

Policies and targets for decarbonisation of the railway

Sophie Hutchinson and Suzanne Tarplee explore the decarbonisation of the railway, in the first of a four part series.

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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.