List of references to the Access Dispute Resolution Committee

ACCESS DISPUTES COMMITTEE

References for hearing by an Access Dispute Panel

(from April 2005)

Click on link in “Ref’ce no.” Column to display the determination.

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Last Updated 18 July 2011

Note: the “Date” column indicates (if shown in brackets) the month that the reference was notified to the Committee; or, if not in brackets, it indicates the date of the hearing

Ref’ce no.	Determination PDF File	Date	Reference from	Subject	Joint submission from the parties
ADP1 (AD41)		(Oct. 04)	Central Trans	Notice pursuant to the Network Code, Condition L7.1, re Local Output Commitments (STAYED* pending the outcome of the appeal to the ORR against determination AD40; and then withdrawn by referrer)*
ADP2 (AD42)		(Oct. 04)	Wessex Trains	Notice pursuant to the Network Code, Condition L7.1, re Local Output Commitments (STAYED* pending the outcome of the appeal to the ORR against determination AD40; and then withdrawn by referrer)*
ADP3 (AD43)		01.06.05	Thameslink Rail and Network Rail	Compensation for an unplanned possession resulting from flooding in Kings Cross tunnel Note: Network Rail referred the Panel’s determination on appeal to an arbitrator – see arbitration A18
ADP4 (AD44)		(Mar. 05)	First ScotRail	Notice pursuant to the Network Code, Condition L7.1, re Local Output Commitments (settled out of court)
ADP5 (AD45)		(Apr. 05)	Eurostar (U.K.)	Notice pursuant to the Network Code, Condition L7.1, re Local Output Commitments (STAYED* pending the outcome of the appeal to the ORR against determination AD40; and then withdrawn by referrer)*
ADP6 (AD46)		(Apr. 05)	Network Rail	Payment of Access Charges in respect of Euston Station (settled out of court)
ADP7 (AD38)		06.07.05	Network Rail	Delay Attribution: allocation of delay responsibility for incidents in the circumstances where a train is operated by different Train Operators for portions of a through journey
ADP8		16.08.05	West Coast Trains	Level of compensation payable pursuant to Part G of the Network Code in respect of costs of bus substitution during a period of West Coast Main Line possessions
ADP9		(May 05)	Midland Mainline	Alleged Network Change (settled out of court)
ADP10 (NV79 NV80)		02.08.05	Freightliner Group	Claim for costs of increased resources to be incurred due to diversions necessitated by proposals in the WCML Major Project notice for 2005-2006 ORR’s decision not to hear an appeal
ADP11		14.11.05	New Southern Railway and Network Rail	Delay Attribution: allocation of delay responsibility due to external electrical interference affecting rolling stock
ADP12		(Nov.05)	Freightliner Heavy Haul	Vehicle Change: operation of trains with increased length between Humber and Kingsbury (settled out of court)
ADP13		20.02.06	Network Rail (and EWS)	Network Change: Remodelling of Rugby station area	ADP 13 joint submission
ADP14	ORR’s appeal determination	22.02.06	First/Keolis Transpennine Express	Vehicle Change: proposed introduction of Class 185 trains Note that the determination was referred on appeal to the Office of Regulation, in its decision (issued in August 2006) the ORR ordered that clause 26.8.2 of the determination be struck out; the determination displayed here accordingly has the clause struck out and the remaining sub-clause 26.8.1 subsumed into 26.8	ADP14 joint submission Annex A Annex B Annex C Annex D Annex E Annex F Annex G
ADP15		(Jan 06)	Network Rail (and Thameslink Rail)	Network Change: Imposition and removal of a temporary speed restriction at Silkstream Jcn, Hendon (withdrawn by referrer)
ADP16		12.04.06	First Great Western Link	Delay Attribution: Paddington	ADP 16 joint submission
ADP17		Hearing on 09.08.06 but adjourned	Silverlink Trains Services	Network Code, Part E – effluent contamination at Euston station platforms (settled out of court)	ADP 17 Joint Submission Appendix A Appendix B (part1) Appendix B (part2) Appendix C Appendix D Appendix E Appendix F Appendix G Appendix I Note H Not used Appendix J Appendix K Appendix L Appendix L (part2)
ADP18		09.08.06	Silverlink Trains Services	Network Code, Part E – oil contamination at Barking station platform	ADP 18 Joint Submission Appendix A Appendix B Appendix C (part1) Appendix C (part2) Appendix C (part3) Appendix C (part4) Appendix D Appendix E Appendix F Appendix G Appendix I (part1) Appendix I (part2) Note H Not used Appendix J Appendix K Appendix L Appendix M Appendix N Appendix N (part2)
ADP19		11.10.06	First ScotRail	Delay Attribution for an incident at Croy on 26.09.05	ADP 19 Joint Submission Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G
ADP20	ORR’s interim appeal determination	24.1.07	First Great Western	Interpretation of Schedule 4 of First Great Western’s Track Access Agreement The Panel’s interim determination was appealed to the Office of Rail Regulation by Network Rail. In October 2007 ORR delivered its judgement. The Parties subsequently resolved the issues without further Panel involvement	ADP 20 Joint Submission The Appendices to this joint submission may be obtained upon application to the Committee Secretary. There are technical problems regarding showing them on the website
ADP21	ORR’s appeal determination	16.11.06	First Capital Connect	Whether a programme of East Coast Main Line rewiring works should be classified as a Major Project. The Panel’s determination was appealed to the Office of Rail Regulation by First Capital Connect. In July 2007 ORR delivered its judgement. First Capital Connect subsequently pursued the matter of compensation to arbitration – see arbitration A23 for Award as to Jurisdiction – after which the parties settled the issue between themselves.	ADP 21 Joint Reference Index of Joint Reference Appendices 1 & 2 Appendices 4 & 5 Appendix 3 Part 1 Appendix 3 Part 1 PDF Appendix 3 Part 2 Appendix 4 Tab 2 Tab 3 Tab 4
ADP22		(Oct.06)	Network Rail	Network Change – referred under Condition G2.4(a) – reinstatement of Rail Crossing at Porthmadog (withdrawn by Network Rail after Arriva Trains Wales confirmed it had received sufficient information about the proposed Network Change)
ADP23	Link to Annexe to Determination ORR’s appeal determination	07.08.07	Network Rail	Part J; Changes to Access Rights, Portbury – Rugeley PS The Panel’s determination was appealed to the Office of Rail Regulation by Network Rail and Freightliner Heavy Haul. In January 2008 ORR delivered its judgement.	ADP23 Joint Reference
ADP24		(June 07)	First Great Western	Contention that proposed possessions at Airport Jn warrant the issue of a Possession Strategy Notice (settled out of court)
ADP25		(June 07)	Network Rail	Part J; Changes to Access Rights, Flows to Ratcliffe and Ironbridge PS (settled out of court)
ADP26		(July 07)	Network Rail	Part J; Changes to Access Rights, Peak Forest to Attercliffe and Hitchin (settled out of court)
ADP27		(Mar. 07)	Silverlink Train Services	Level of compensation payable in connection with possessions at Stratford (change of Panel jurisdiction from TTP126) (settled out of court)
ADP28		(Oct. 07)	Network Rail	Part J; Surrender of Access Rights, Lawley Street – Tilbury (settled out of court)
ADP29		(Oct. 07)	Network Rail	Part J; Surrender of Access Rights, Grain – Crewe (settled out of court)
ADP30		13.02.08	First Capital Connect	Delay Attribution for an incident at Elstree on 24.04.07	ADP30 joint reference Appendices 10.1.1 & 10.1.7 Appendix 10.1.2(a) Appendix 10.1.2(b) Appendix 10.1.3(a) Appendix 10.1.3(b) Appendix 10.1.3(c) Appendix 10.1.4 Appendix10.1.5 Appendix 10.1.6 Appendix 10.1.8 Appendix 10.1.9 Appendix 10.1.10 Appendix 10.1.11 Appendix 10.1.12 Appendix 10.1.13
ADP31	ORR appeal determination	01.02.08	First Greater Western	Vehicle Change: Costs and payment method for utilisation of Class 142 units in the Bristol and Exeter areas Network Rail lodged an appeal with the Office of Rail Regulation against the Panel’s determination.	ADP31 joint reference Further Directions TOC response Network Rail response
ADP32		(June 08)	New Southern Railway	Station Access Conditions: Responsibility for settlement of charges arising out of leaks from the water supply to Arundel, Chichester and Lewes stations (withdrawn by referrer)
ADP33	Hearing commenced 29.10.08 and was adjourned	29.10.08	New Southern Railway	Network Rail’s Offer for the Principal Timetable, December 2008 (change of Panel jurisdiction from TTP243) (withdrawn by the referrer following ORR decision in respect of section 22A Railways Act application, which removed the need for this matter to be determined by a Panel)	Joint submission
ADP34		(Jan.09)	First Capital Connect	Non payment by NXEC Trains of Station Access charges for use of Stevenage station (settled out of court)
ADP35		14.09.09	New Southern Railway	2006/07 Access charging at certain Major Stations Panel hearing held jointly with ADP36 and ADP38	TOC submission TOC additional submission Network Rail submission Part 1 Network Rail submission Part 2 Network Rail submission Part 3 Network Rail submission Part 4 Network Rail additional submission
ADP36		14.09.09	London & South Eastern Railway	2006/07 Access charging at certain Major Stations Panel hearing held jointly with ADP35 and ADP38	See ADP35
ADP37		(Apr. 09)	First Capital Connect	Provision of access to information regarding 2008/09 utilities charging at certain Major Stations (settled out of court)
ADP38		14.09.09	First Capital Connect, First Greater Western, First/Keolis TransPennine, First ScotRail & Hull Trains	2006/07 Access charging at certain Major Stations Hull Trains subsequently withdrew from the dispute Panel hearing held jointly with ADP35 and ADP36	TOC submission TOC additional submission See ADP35 for Network Rail submissions
ADP39		08.07.09	First ScotRail	Delay Attribution for reduced speed running during fog on 13.04.07	ADP39 Joint Submission Appendix 1 Appendix 2 Appendix 3
ADP40	ORR’s appeal determination ORR’s directions following appeal determination ORR’s reasons for directions issued following appeal determination	14.10.09	First ScotRail	Whether new engineering works policy for the West Coast Main Line should be classified as Network Change Network Rail appealed to ORR against the determination of the Panel hearing	Joint submission
ADP41		11.11.09	First ScotRail	Part J; use of Train Slots across the Forth Bridge	Joint Submission Submission by DB Schenker Rail (UK)
ADP42	ORR appeal determination	25.11.09	Network Rail	Part J; Change to Access Rights, Mossend Euroterminal to Georgemas Jcn (train 4H44) DB Schenker Rail (UK) lodged an appeal with ORR against the determination of the Panel hearing	Joint submission Submission by Direct Rail Services DRS submission Appendix 1 DRS submission Appendix 2 DRS submission Appendix 3 DRS submission Appendix 4 DRS submission Appendix 5 DRS submission Appendix 6
ADP43		(Oct. 09)	Network Rail	Part J; Change to Access Rights, Daventry to Grangemouth (Settled out of court)
ADP44	ORR appeal determination	25.11.09	Network Rail	Part J; Change to Access Rights, Mossend Euroterminal to Georgemas Jcn (train 6H44) DB Schenker Rail (UK) lodged an appeal with ORR against the determination of the Panel hearing	Joint submission Submission by Direct Rail Services DRS submission Appendix 1 DRS submission Appendix 2 DRS submission Appendix 3 DRS submission Appendix 4 DRS submission Appendix 5 DRS submission Appendix 6
ADP45		(Nov 09)	Arriva Trains Wales	Network Change: Cardiff Area Signalling Renewal (Settled out of court)
ADP46		21.01.10	Network Rail	Delay Attribution for an incident in the Swanwick - Hamble area on 28.11.08 (Settled out of court)
ADP47		11.02.10	GB Railfreight	Access charges in relation to the approach to Doncaster Railport	Joint submission
ADP48		(Dec 09)	Network Rail	Interpretation of “repair” and “maintenance” in relation to Retail Telecomms (CIS and CCTV) at Franchised Stations where First Capital Connect, First Greater Western and First ScotRail are SFOs First ScotRail items were subsequently withdrawn from the dispute	Joint submission Appendices to joint submission
ADP49		25.02.10	XC Trains	Diversionary arrangements via Lichfield (Withdrawn by referrer during the course of the Panel hearing following provision of necessary assurances from Network Rail regarding relevant possession arrangements)	Joint submission Annex F to joint submission, Part 1 Annex F to joint submission, Part 2 Clarification by Network Rail
ADP50		24.03.10	Rail Express Systems	Refusal of Access to Wembley Central station	RES submission LUL submission
ADP51		(Feb 10)	Network Rail	Part J; changes to Access rights, mail trains (Settled out of court)	Joint submission – Part 1 Joint submission – Part 2
ADP52		14.04.10	GB Railfreight	Part J; changes to Access rights GB Railfreight submitted an appeal to ORR in relation to this reference but this was done outside the prescribed time limit so not accepted	Joint submission
ADP53		(Apr 10)	Network Rail	Part J; Change to Access Rights, Mossend Euroterminal to Georgemas Jcn/Inverness (trains 4H44 and 6H44) (Settled out of court)

Joint submission – Part 2