Darren Fodey
Partner
Darren is a rail regulation, procurement and contracts expert, offering pragmatic advice to clients navigating complex railway operations and contracts.
Partner
Darren is a rail regulation, procurement and contracts expert, offering pragmatic advice to clients navigating complex railway operations and contracts.
Language - English
Jurisdiction - England & Wales
Darren Fodey is a trusted guide for train operators, procuring authorities and infrastructure managers, in both the public and private sectors.
His deep knowledge of rail regulation and operations allows him to offer practical advice on the day-to-day challenges faced by railway businesses.
Darren's expertise spans all business needs, from procurement and bidding, through mobilisation, the operational phase and handover to a successor. This means Darren can ensure clients can navigate industry complexities with confidence.
He provides tailored advice on rail regulation, including track, station, and depot access, develops new regulated regimes and has been instrumental in delivering regulatory frameworks for projects such as the Elizabeth line.
He advises on regulated procurements under the Procurement Act 2023 and other legislation, delivering pragmatic, risk mitigated, approaches and ensuring clients enjoy successful outcomes. He supports clients on delivering a wide range of commercial contracts which meet the needs of the business and deliver optimum value for money.
His ability to talk the language of the industry sets him apart, with clients appreciating his attention to detail and his ability to 'talk trains,' making complex legal issues accessible and actionable.
Darren's clients include Transport for London, c2c and Trenitalia, who rely on his expertise for strategic guidance and practical outcomes.
Delivering a new Elizabeth line operator
Successfully delivering a procurement process, new concession agreement and mobilisation for the Elizabeth line: advising on all aspects of the selection and procurement of a replacement operator of Elizabeth line services and the terms of the new concession agreement and ancillary documents.
Delivering a new London Overground Operator
Drawing on lessons learned from existing operations and best practice from the Elizabeth line procurement process, advising on the procurement process and proposed terms for the new London Overground concession, to take operations of this key London transport link to the next stage.
c2c Public Ownership Transfer
Successfully delivering an on-time handover of the operation of c2c railway passenger services from Trenitalia c2c to a public sector-owned company, as part of the government's nationalisation programme for the railways and in preparation for Great British Railways.
Establishing a regulatory regime for the Crossrail Central Operating Section
Developing and implementing the regulatory and charging regime for the new Crossrail Central Operating Section under London, the first time that Transport for London is responsible for managing regulated heavy rail infrastructure and integral for the operation of Elizabeth line services.
COVID Emergency Measures
Advising on Trenitalia c2c's Emergency Measures Agreement and Emergency Recovery Measures Agreement connected with the COVID-19 pandemic and which ensured continuity of rail passenger services for essential workers, and migration to the National Rail Contract on emergence from the pandemic.
Access to Temple Mills depot
Advising on a contentious application to the Office of Rail and Road for access to Eurostar's Temple Mills International depot, a key aspect of maintenance of rolling stock for proposed new international services between mainland Europe and the UK.
Procurements
Delivering multiple successful regulated procurements for delivery of business as usual services, including underlying supply contracts, advising on the procurement process and risk mitigation measures and on responding to requests for information from the supply chain.
National Rail Contract
Successfully advising on delivery of its National Rail Contract obligations to the Secretary of State for Transport, including both day-to-day requirements, minimum service levels, performance of the contract, and strategic amendments to the National Rail Contract.
New rolling stock delays
Advising a confidential train operator on the acceptance of new rolling stock under a Manufacture and Supply Agreement with a rolling stock manufacturer, together with delays in delivery, claims for extension of time, and liquidated damages for delays.
Access to Heathrow Airport
Advising on the application of the regulated railway regime to Heathrow Airport's rail infrastructure, including terms of and charges for access (and associated contentious proceedings) together with an Office of Rail and Road consultation on access charges for airport services.
