19 August 2013

Burges Salmon, one of the leading law firms in the UK, has advised the Department for Transport (DfT) on the contractual arrangements required to enable Southern to purchase 116 new rolling stock vehicles from the train manufacturer, Bombardier, in a deal worth £180 million.

The team of rail law experts from Burges Salmon, led by partner Brioney Thomas with assistance from commercial team solicitor Lydia Bailey, advised the DfT as part of its HLOS programme. This HLOS project saw Southern negotiate a purchase contract with Bombardier for an additional 116 vehicles that will be used on the Thameslink routes from 2015 and will enable the release of existing rolling stock to newly electrified routes across the UK.

Ensuring that the right team was put in place from the outset, Burges Salmon drafted and negotiated the Deed of Amendment to Southern's Franchise Agreement on behalf of the DfT, advised on compliance and regulatory issues including approval of the Manufacture and Supply Agreement and Spares Support Agreement between Southern and Bombardier.

Brioney Thomas of Burges Salmon said: “We were pleased to be able to advise on this deal, which is of both high value and strategic importance to the Department for Transport in relation to its electrification programme for the railways. The procurement of these additional units demonstrates the Government's ongoing commitment to invest in Britain's railways and will help increase capacity into London on busy commuter routes.”

Burges Salmon has advised the DfT on a wide range of matters, including on previous HLOS projects, and has consequently built a strong and long-lasting relationship with it, which has been developed based on the firm’s expertise in the rail sector.

Key contact

Brioney Thomas

Brioney Thomas Partner

  • Head of Transport
  • Asset Finance and Asset Backed Lending
  • Commercial

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