Law specialisms : Rail

Brioney Thomas is a partner in the commercial department at Burges Salmon. She specialises in advising clients involved in the rail industry.

What does the work involve?

For commercial lawyers working in the rail sector, many of the matters involve putting in place robust contractual protection with suppliers or government while navigating the complex regulatory framework that governs the privatised UK rail industry. This ranges from day-to-day supplies such as catering services, staff uniforms and on-board train Wi-Fi through to complex major projects, often of national significance, such as the purchase of new trains or station redevelopments.

Each project is challenging due to the competing demands of the regulatory regime and the commercial interests of the private sector companies involved. The regulatory system is driven by both UK and European Union (EU) legislation and has various aims. From a UK perspective, it is vital the regime secures delivery and continuity of essential public transport services whereas a large scale EU harmonisation programme imposes strict controls on safety and is attempting to deliver an interoperable EU rail network.

Who are the clients?

Although a very specialist area of law, there is a surprisingly broad client base. There are opportunities to work with public sector bodies such as Department for Transport and Transport for London and also the private sector train operating companies including Eurostar, FirstGroup and Virgin. Other clients include large multinationals who manufacture trains and/or technology used in the rail industry as well as numerous smaller companies that supply goods and services locally to rail stations and depots around the UK.

What does the future hold?

The railway industry is very active at the moment with several high-profile projects underway including the Crossrail and Thameslink projects in London, the replacement of the existing Intercity fleet and the new HS2 line. All of this is against a backdrop of an intense period of activity surrounding the re-franchising process of all UK passenger services over the next five to ten years.

In addition, there is plenty of activity in less traditional areas. The growth in renewable energy and a continued investment in sustainable freight transport is increasing demand in the rail freight sector. This creates new challenges for the industry; of particular interest are the issues surrounding specialist new wagons to transport biomass to green power stations and introducing new freight businesses to the complexities of the UK rail system.

All of these ambitious plans have to be delivered in a difficult economic climate and, like other industries, the rail sector is under pressure to achieve better value for money. Finding new ways for our clients to work within the regulatory framework and creating new contractual structures is one of the major challenges for the next few years.

What do trainees do?

As valuable members of the team, a trainee's seat is a snapshot of a future role as a qualified lawyer in the department. They attend client meetings and take responsibility for specific tasks within a project. These tasks include carrying out technical research on regulatory issues, drafting contracts and preparing legal advice. Trainees will also gain exposure to a broad range of general commercial issues including data protection, contract law and consumer protection.