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List of references to the Access Dispute Resolution Committee

from 1995 until 14.04.05


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Last updated 10 February 2009

 

 

Ref’ce no.

PDF
File

Date

Reference from

Subject

 

AD1

[and AD2]

04.12.95

North West Regional Railways [and South Wales & West Railway] 

Application of Part G of the Access Conditions

 

AD3

 

13.12.95

North West Regional Railways and Railtrack

Delay Cause attribution:

Stone throwing at trains.

AD4

 

 

21.02.96

ScotRail Railways and Railtrack

Compensation payable due to closure by flooding of the Argyle Line, Dec.94-Sept.95

AD5

 

 

(June 96)

Anglia Railways Train Services and Railtrack

Schedule 4 Possessions Allowance

(settled out of court)

AD6

 

4 & 17 Oct.96

South Wales & West Railway and Railtrack

Validity of Rights of South West Trains to route four Waterloo-Salisbury services via Southampton

AD7

 

(Dec. 96)

Great Western Trains

[suspended pending further dialogue between the parties; and subsequently withdrawn]

Major Stations Qualifying Expenditure Charges for 1996/97

AD8

07.01.97

North London Railways and Railtrack

Interpretation of "Network Letter" dated 29.3.96: (particularly clauses B6/B7)

AD9

07.01.97

North London Railways and Railtrack

Application of Schedule 4

AD10

 

13.01.97

ScotRail Railways and Railtrack

Relocation of snowploughs

 

 

 

[no determination issued:  the Committee advised the parties to conduct proper dialogue and, if appropriate, refer any differences to the Network and Vehicle Change Committee]

AD11

13.01.97

ScotRail Railways and Railtrack

Rail Adhesion

AD12

11.02.97

CrossCountry Trains and Railtrack

Moderation of Competition:

(SW&W proposed through trains Manchester-Penzance and Portsmouth-Liverpool)

AD13

20/21/27. 10.97

Connex South Central

Schedule 8 Performance Regime

AD14

21.01.98

Great Eastern Railway, Anglia Railways, WAGN and LTS Rail

Station Access Charges at London Liverpool Street Station 1995/96

AD15

11.03.98

Great Eastern Railway and Railtrack

Rules of the Plan, East Anglia Zone:  differential timings at London Liverpool St. Station

AD16

08.05.98

Central Trains and Railtrack

Schedule 8 Performance Regime

Attribution of delays arising from a fatality on the track at a station

AD17

14.07.99

[Initial hearing]

Northern Spirit

 

 

Schedule 4

Compensation for Temporary Speed Restriction allowances.

 

 

 

At the initial hearing the Committee took the view that the matter had not yet been properly discussed by the parties;  it asked the parties to conduct further dialogue, and, if any matters remained unresolved, to submit a fresh (joint) reference.

The Committee’s determination was appealed to Arbitration – see A10 – but the parties then settled the matter between themselves.

 

 

06.04.00

[second hearing]

Northern Spirit and Railtrack

(joint reference)

 

Reference resubmitted as a joint reference in February/March 2000; hearing took place on 6th April after which a determination was issued

AD18

[Joint]

24.06.99

North Western Trains and Railtrack

 

 

Schedule 4:

Engineering Allowances

The Committee’s determination was appealed to Arbitration – see A4 for Award.

AD19

initially

notified on

28.05.99;

Hearing on 4.4.00

Connex South Eastern and Railtrack

Station Access Conditions:

Responsibility for settlement of charges arising out of a leak from the water supply to Ramsgate station.

AD20

 

(June 99)

Central Trains and Railtrack

Depot Access Condition H5:

Increased lease charge at Tyseley depot.

(settled out of court)

AD21

04.10.00 &

18.10.00

South West Trains

(and Connex South Central)

 

Station Access Conditions:

Payment of charges in respect of a number of stations

AD22

 

(Nov. 00)

Railtrack

(and English Welsh & Scottish Railway)

Permission to use the Network

(settled out of court)

AD23

28.03.01

West Anglia Great Northern

Schedule 8 of Track Access Agreement with Railtrack

Passenger’s Charter Indemnity

The Committee’s determination was appealed to Arbitration – see A11 – but the parties then settled the matter between themselves.

AD24

 

14.02.01

South West Trains

(and Thameslink Rail)

 

Station Access Conditions:

Payment of charges in respect of a number of stations

AD25

 

(Mar. 01)

Railtrack

(and Connex South Eastern)

STAYED pending resolution of reference NV5

Liability for payment of costs associated with introduction of new vehicles

AD26

 

(Apr. 01)

Silverlink Train Services
(and Railtrack plc)

Passenger’s charter indemnification under paragraph 20 of Schedule 8

(settled out of court)

AD27

19.12.01& 28.1.02

Great Eastern Railway
(and Railtrack plc)

Interpretation of Schedule 8

AD28

17.09.02

Thameslink Rail (and others)

 

Qualifying Expenditure at four Railtrack Major stations

AD29

24.04.03

Great Eastern Railway

Interpretation of Schedule 8

AD30

 

(Feb. 03)

Maintrain

Dispute with GNER over terms of a Depot Access Agreement

(settled out of court)

AD31

 

(Apr. 03)

Anglia Railways

 

Dispute over delay attribution;  deferred while parties sought guidance from the Delay Attribution Board;  subsequently …

(withdrawn by the referrer)

AD32

 

18.06.03

English Welsh & Scottish Railway

Application of cordon caps for coal trains on the GSW route

Adjourned for further information, but EWS then withdrew reference

AD33

 

(Feb. 04)

West Coast Trains

Replacement of Air Conditioning Units - Euston 1st Class lounge

(settled out of court)

AD34

 

(Feb. 04)

West Coast Trains

 

Availability of watering facilities at Carlisle

(settled out of court)

AD35

 

(Mar.04)

Great Eastern Railway

 

Retail Telecommunications at Liverpool Street

The parties were directed to seek mediation. The process of mediation was successfully concluded in 2005.

AD36

 

(Mar.04)

Thames Trains

 

Reimbursement of costs of Retail Telecommunications carried out on behalf of Network Rail;  the parties were directed to seek mediation.  The process of mediation was successfully concluded in early April 2005.

AD37

 

(Mar.04)

Thames Trains

 

Retail Telecommunications at Gatwick Airport and Paddington

Stayed pending the outcome of mediation on references AD35 and AD36 and subsequently settled by the parties themselves

AD38

 

(Apr.04)

Arriva Trains Wales and Network Rail

Re-registered on 15.04.05 as ADP7

see reference ADP7 on the Access Disputes Committee site

Allocation of Delay minutes

The parties were instructed to seek guidance from the Delay Attribution Board.  This was obtained on 8 March 2005;  Network Rail did not accept the advice and subsequently referred the matter for resolution pursuant to the ADRRules.

AD39

5.10.04

Great Eastern Railway and Network Rail

Delay Attribution arising from a fire at Colchester

AD40

 

ORR's appeal determination

10.01.05 & 15.02.05

Silverlink Train Services

Part L of the Network Code:   Local Output Commitments

The Committee’s determination was appealed to the Office of Rail Regulation. In December 2005 ORR delivered its judgment upholding the decision of the ADRC

AD41

[ADP1]

 

(Oct.04)

Central Trains

Re-registered on 15.04.05 as ADP1

see reference ADP1 on the Access Disputes Committee site

Part L of the Network Code:   Local Output Commitments

STAYED pending the outcome of the appeal to the ORR against determination AD40; and then withdrawn by the referrer

AD42

[ADP2]

 

(Oct.04)

Wessex Trains

Re-registered on 15.04.05 as ADP2

see reference ADP2 on the Access Disputes Committee site

Part L of the Network Code:   Local Output Commitments

STAYED pending the outcome of the appeal to the ORR against determination AD40; and then withdrawn by the referrer

AD43

ADP3

 

01.06.05

Thameslink Rail

Re-registered on 15.04.05 as ADP3

 see reference ADP3 on the Access Disputes Committee site

Compensation for unplanned possessions:  flooding in Kings Cross (Thameslink) tunnel

Hearing took place on 01.06.05 in front of an Access Disputes Panel

AD44

[ADP4]

 

(Mar.05)

First ScotRail

Re-registered on 15.04.05 as ADP4

Part L of the Network Code:   Local Output Commitments

(settled out of court)

AD45

[ADP5]

 

(Mar.05)

Eurostar (U.K.)

Re-registered on 15.04.05 as ADP5

see reference ADP5 on the Access Disputes Committee site

Part L of the Network Code:   Local Output Commitments

STAYED pending the outcome of the appeal to the ORR against determination AD40; and then withdrawn by the referrer

AD46

[ADP6]

 

(Jan.05)

Network Rail (and Silverlink Train Services)

Re-registered on 15.04.05 as ADP6

see reference ADP6 on the Access Disputes Committee site

Independent Station Access Conditions: Payment of Access Charges in respect of Euston Station

(settled out of court)