04 August 2011
Quarterly newsletter from our Construction and Engineering group. The focus this time is on public sector work, the Government’s new construction policy and imminent changes to the Construction Act.
21 July 2011
Ongoing litigation concerning the procurement by Eurostar of new rolling stock from Siemens, rather than the supplier of its existing fleet Alstom, is continuing to clarify the law on procurement remedies. In a judgment on 13 July 2011 Mann J has clarified the rules on ‘ineffectiveness’ under the recently amended Utilities Contracts Regulations 2006.
13 October 2010
On 3 December 2009 a new EU Regulation came into force on rail passengers' rights and obligations – the Passengers Rights Regulation (PRR). The PRR has direct force in the UK without the need for national legislation.
12 October 2010
A revised version of the Claims Allocation and Handling Agreement (CAHA) was issued last year by the Railway Industry Dispute Resolution Committee (RIDRC). RIDRC has been in continuing dialogue with industry parties over further changes this year. This briefing provides an overview of CAHA including issues relevant to the update and the current dialogue.
27 August 2010
This briefing outlines some of our initial thoughts on the Office of Rail Regulation's ('ORR') recent proposed criteria and procedures for the approval of station and depot access agreements.
26 August 2010
In the first half of this year the compensation payable for Network Changes under Part G was changed. Shortly afterwards ORR issued a determination on what amounts to a Network Change which includes guidance on when changes to Network Rail's operational and maintenance procedures should first be notified under Part G. This briefing provides an overview of these developments which TOCs may now have to keep in mind when Network Rail changes impact on their services.
02 August 2010
An update on how much can be recovered where a third party causes damage.
07 July 2010
As widely expected, the Coalition Government has announced that they are to abolish the Infrastructure Planning Commission (IPC), set-up by the previous Government last year. So what now for the rail industry?
28 April 2010
The Infrastructure Planning Commission (IPC) opened its doors for energy and transport applications on 1 March 2010.
07 April 2010
The Equality Act has now become law and some key provisions for train operators in particular relating to rail vehicle access ability are expected to come into force in October 2010.
15 February 2010
The original template agreements introduced by Network Rail in 2006 for use in relation to Asset Protection and rail investment projects (GRIP) have been revised. Following approval by ORR on 5 February 2010 the revised templates are available for use. This briefing is intended to provide a quick refresher on the types of templates available and looks at some of the reasons behind the changes to them.
05 January 2010
On 22 December 2009, the Class Representative Committee approved new Access Dispute Resolution Rules to take effect in early 2010. These rules will replace the current system of Access Disputes Panels. This briefing looks at the changes which will come into force.
22 December 2009
On 1 December 2009, the Railway Industry Dispute Resolution Committee (RIDRC) issued a revised version of the claims Allocation and Handling Agreement (CAHA) applicable to the classic (i.e. not HS1) network. This briefing note follows our comments on the proposed changes in June 2008 and describes the key changes and the importance of clarifying the current drafting of the caps.
20 October 2009
This briefing looks at how to challenge decisions made by public bodies through the process of Judicial Review.
28 August 2009
In this Rail Briefing we look at the draft Freight Facility (Ports and Terminals) General Approval and its likely impact if introduced.
26 June 2009
The rights of passengers will be bolstered from 3 December 2009 when a new EU Regulation comes into force.
This Regulation will firm up and add to existing compensation, information and assistance obligations. It will directly affect the provision of services to the public.
18 March 2009
Will Gard, partner in our Transport Group, looks at the delivery of future rail projects. This article originally appeared in New Civil Engineer.
21 October 2008
A guide to parts B and C of the NATIONAL STATION ACCESS CONDITIONS
21 October 2008
A guide tp parts B and C of the NATIONAL DEPOT ACCESS CONDITIONS
02 June 2008
In February 2006 the Railway Industry Dispute Resolution Committee (RIDR) sought suggestions from interested parties for amendments to the Claims Allocation and Handling Agreement (CAHA). On 14 May 2008 the RIDR Committee circulated its proposal for amending and updating the Agreement which it plans to consider implementing following a meeting on 2 July 2008.
26 June 2007
Energy Performance Certificates (EPCs) have been in the news recently as a result of their association with Home Information Packs (HIPs) for home buyers. EPCs are part of the requirements of a European Directive, the Energy Performance of Buildings Directive (the "Directive"). This relates to the users of all properties not just residential dwellings. This could have a significant implication for the managers of properties in the rail sector. This briefing explains the main requirements of the Directive and its implementing Regulations in UK law.
21 February 2007
A significant change to construction health and safety legislation is due to come into force in April 2007 with the introduction of the Construction (Design and Management) Regulations 2007 ("CDM2007")1. The current CDM Regulations will be replaced and merged with the Construction (Health, Safety and Welfare) Regulations 1996. There is little change to the content of the 1996 Regulations but there are significant changes to the CDM part.
21 February 2007
Since the Law Society published its guidance on company solicitors attending HSE interviews in 2005 the role of the independent solicitor acting for witnesses has become increasingly common particularly in significant investigations. That role is evolving. The guidelines, and approaches increasingly adopted by investigators are raising some interesting issues of principle and practice for all involved.