FFW and Eversheds advise on new rail franchise for Wales & Borders
20 January 2004
FFW advised Arriva Trains and Eversheds LLP advised the
Strategic Rail Authority (SRA) on the completion of agreement for
Arriva Trains Wales / Trenau Arriva Cymru Ltd to operate the new 15
year Wales and Border franchise (see notes for editors). The
mobilisation took just seven weeks, from franchise signing to
franchise commencement.
This was the first TOC (Train Operating Company) to TOC transfer
of assets on a refranchise pursuant to a statutory transfer
scheme.
The FFW team worked closely with Arriva Trains commercial
director, Roger Cobbe, and Arriva plc's director of group legal and
commercial services Chris Applegarth, supported by Sarah Keir
assistant solictor. FFW's team comprised partners Nicholas
Thompsell, Nigel Taylor and Neil Palmer (franchise agreement and
transfer arrangements), partners John Wilson and Simon Chamberlain
(new train leasing and maintenance arrangements), partner Ian
Barnard (station/depot access and transfer of existing train
leasing arrangements), partner Martin Barrett (station and depot
leases) and David Gallagher (Pensions).
Nicholas Thompsell says:
"A high degree of commitment and cooperation was required by all
parties to achieve what we believe to be one of the fastest
mobilisations of a train franchise. We are delighted to have
advised Arriva on this, its first franchise won as a result of a
tender process, and also to be advising it on its bid for the
Greater Anglia Franchise."
The core Eversheds team for the deal consisted of Andrew
Johnston, Agnes Koko, James Pitman, Bruce Gripton and SRA client
partner Anne Harris (tender process, franchise agreement and
transfer scheme), David Saunders, Anthony Arter and Roger Lewis
(pensions).
Anne Harris commented: "It is very satisfying to have
assisted with the creation of a new unified franchise for
passengers in Wales and the border counties which meets political
aspirations and offers improved services over the life of the
franchise. The refranchising presented a number of challenges
including the successful integration of five existing franchises
and the successful transfer to the new operator using a statutory
transfer scheme, the first time one has been used in this way. We
are very pleased to have been able to advise the SRA throughout
this process."
Osborne Clarke acted for the outgoing franchise operator,
Cardiff Railway Company.
For further press information please contact:
Ben Girdlestone, Communications Manager on 020 7861 4968
Louise Eckersley, PR Executive on 020 7861 4120