PLEASE NOTE
Following changes to the ADR Rules, relevant disputes notified between 15 April 2005 and 31 July 2010 were registered for determination by an Access Disputes Panel.
Following further changes to the ADR Rules effective from 1 August 2010, relevant disputes may now be registered for determination by Access Disputes Adjudication, Arbitration, Expert Determination or the Court - see separate sections of this site.
Note:
Disputes reference NV75 – NV77 inc and NV79 – NV84 inc were advised to the Access Dispute Resolution Committee Secretary to be addressed by the Network and Vehicle Change Committee in accordance with the procedures applicable prior to 14 April 2005. Following implementation of the revised Access Dispute Resolution Rules, these references were considered by a Timetabling Panel of the Access Disputes Committee, with hearings held on 19 & 25 April and 9 May 2005. The Timetabling Panel recorded its determinations in a single document titled “Panel Decision no. 1” and each of these references has a link provided to that document.
| Reference Number | PDF Version | Date | Reference From | Subject | Submissions From The Parties |
|---|---|---|---|---|---|
| NV1 |
|
24.05.96 | Mainline Freight | Network Change: Application of clause (i) or (iii) of the definition in assessing compensation for restriction of facilities following a landslip (on the Greenford loop). Whilst the Committee’s determination of this dispute NV1 was not appealed, the Regulator subsequently declared that it was wrongly decided - see appeal of dispute NV33. | |
| NV2 |
|
12.11.96 | South Wales & West Railway | Network Change: Provision of the Weather Forecast | |
| NV3 | (July 97) | Connex South Central | Change in Performance arising from alleged, [unpublicised] Network Change (withdrawn by the referrer) | ||
| NV4 |
|
02.10.97 | Regional Railways North East and Railtrack | Network Change: Special Working arrangements on the York - Scarborough line | |
| NV5 |
|
12.07.01 | Connex South Eastern | Vehicle Change: Infrastructure costs incurred in providing route clearance for new Class 375 trains | |
| NV6 | (Sept.99) | Cardiff Railway Co. | Network Change: Withdrawal of permissive working at Cardiff Queen Street | ||
| NV7 |
|
25.07.00 | North Western Trains | Network Change: Claim for compensation in respect of Manchester South Resignalling. The Committee formally commenced a hearing of this reference NV7, but Members were unhappy with the disparate views represented by the parties as to the issues of difference between them. It was noted that attempts to produce a joint submission had proved unsuccessful. Nevertheless the Committee was satisfied that, in relation to the issues at stake, and the provisions of Track Access Conditions G2.4 and G6, there was a need to bring the dispute formally to the Committee, but it declined, on the basis of the arguments presented, to formulate a determination until the parties had undertaken further discussions. In the meantime the Committee issued a Note of Guidance to the Parties. The Committee exhorted the parties to resume discussions with a view to reaching either a full understanding and agreement of all the matters of the current dispute, or to produce and submit a joint statement defining in detail the areas of difference upon which the determination of the Committee is sought. The parties were unable to produce such a submission by the due date and the ADRC commissioned a Sub-Committee with a remit to prepare a set of papers that would enable the Committee to proceed to determine this case. However the parties concluded successful discussions without the need for the Sub-Committee to meet. | |
| NV8 |
|
06.09.00 & 12.09.00 | North Western Trains | Major Project Notice: West Coast Mainline Route Modernisation | |
| NV9 |
|
06.09.00 & 12.09.00 & 26.09.00 & 06.10.00 | Freightliner | Major Project Notice: West Coast Mainline Route Modernisation | |
| NV10 | 06.09.00 | ScotRail Railways | Major Project Notice: West Coast Mainline Route Modernisation. During the period of the hearing, ScotRail concluded successful negotiations with Railtrack and withdrew its reference. | ||
| NV11 | (July 00) | Central Trains | Major Project Notice: West Coast Mainline Route Modernisation (settled out of court) | ||
| NV12 | 06.09.00 | West Coast Trains | Major Project Notice: West Coast Mainline Route Modernisation. During the period of the hearing, West Coast Trains concluded successful negotiations with Railtrack and withdrew its reference. | ||
| NV13 |
|
06.09.00 & 12.09.00 & 26.09.00 & 06.10.00 | English Welsh & Scottish Railway | Major Project Notice: West Coast Mainline Route Modernisation | |
| NV14 | (Aug 00) | English Welsh & Scottish Railway | Major Project Notice: Tyne & Wear Metro Extension to Sunderland (settled out of court) | ||
| NV15 |
|
23.10.00 | North Western Trains | Network Change - Issue: whether the imposition of a 20mph speed restriction in the Manchester Piccadilly station throat was made under Track Access Condition G1 or G5. | |
| NV16 |
|
23.10.00 | Northern Spirit | Network Change: (same subject as NV15 above) | |
| NV17 |
|
24.01.01 | English Welsh & Scottish Railway | Major Project Notice: West Coast Mainline Route Modernisation PUG2 Phase 1 | |
| NV18 |
|
24.01.01 | Freightliner | Major Project Notice: West Coast Mainline Route Modernisation PUG2 Phase 1 | |
| NV19 | (Feb 01) | Railtrack (in response to Freightliner) | Network Change: West Coast Route Modernisation line speed improvements (settled out of court) | ||
| NV20 | (Feb 01) | Railtrack (in response to English Welsh & Scottish Railway) | Network Change: West Coast Route Modernisation line speed improvements (withdrawn by referrer) | ||
| NV21 |
|
09.04.01 | Freightliner | Network Change: Installation and operation of Wheelchex equipment | |
| NV22 |
|
17.01.02 | Freightliner | Major Project Notice: Cross Country Upgrade Programme | |
| NV23 | (June 01) | English Welsh & Scottish Railway | Major Project Notice: Cross Country Upgrade Programme (withdrawn by referrer) | ||
| NV24 | (June 01) | Central Trains | Major Project Notice: Cross Country Upgrade Programme (settled out of court) | ||
| NV25 | (June 01) | Central Trains | Major Project Notice: West Coast Route Modernisation - Phase 2 (settled out of court) | ||
| NV26 |
|
19.09.01 & 20.09.01 | Freightliner | Major Project Notice: West Coast Route Modernisation - Phase 2 | |
| NV27 | (June 01) | Arriva Trains Northern | Major Project Notice: West Coast Route Modernisation - Phase 2 (settled out of court) | ||
| NV28 | 19.09.01 & 20.09.01 | ScotRail Railways | Major Project Notice: West Coast Route Modernisation - Phase 2 | ||
| NV29 |
|
19.09.01 & 20.09.01 | Silverlink Train Services | Major Project Notice: West Coast Route Modernisation - Phase 2 | |
| NV30 |
|
19.09.01 & 20.09.01 | West Coast Trains | Major Project Notice: West Coast Route Modernisation - Phase 2 | |
| NV31 |
|
19.09.01 & 20.09.01 | English Welsh & Scottish Railway | Major Project Notice: West Coast Route Modernisation - Phase 2 | |
| NV32 | (June 01) | North Western Trains | Major Project Notice: West Coast Route Modernisation - Phase 2 (settled out of court) | ||
| NV33 |
|
14.11.01 & 15.11.01 & 23.11.01 & 28.11.01 | Great North Eastern Railway | Network Change: Four Network Change Notices served by Great North Eastern Railway on Railtrack in respect of Hatfield (determination issued; referred on appeal to the Rail Regulator) | |
| NV34 | (July 01) | Great Western Trains | Network Change: Alleged that Railtrack made changes to the Network without following the provisions of Part G of the Access Conditions (settled out of court) | ||
| NV35 |
|
13.12.01 | ScotRail Railways | Vehicle Change: Infrastructure costs incurred in providing route clearance for new Class 170 and 334 rolling stock in Scotland | |
| NV36 | (Mar 02) | Railtrack | Network Change: Cross Country Route Modernisation (settled out of court) | ||
| NV37 |
|
07.11.02 & 08.11.02 | North Western Trains | Major Project Notice: West Coast Route Modernisation - Phase 3 | |
| NV38 |
|
07.11.02 & 08.11.02 | ScotRail Railways | Major Project Notice: West Coast Route Modernisation - Phase 3 | |
| NV39 | (June 02) | Central Trains | Major Project Notice: West Coast Route Modernisation - Phase 3 (withdrawn by referrer) | ||
| NV40 |
|
07.11.02 & 08.11.02 | Silverlink Train Services | Major Project Notice: West Coast Route Modernisation - Phase 3 | |
| NV41 |
|
07.11.02 & 08.11.02 | English Welsh & Scottish Railway | Major Project Notice: West Coast Route Modernisation - Phase 3 | |
| NV42 | (June 02) | West Coast Trains | Major Project Notice: West Coast Route Modernisation - Phase 3 (withdrawn by referrer) | ||
| NV43 |
|
07.11.02 & 08.11.02 | Freightliner | Major Project Notice: West Coast Route Modernisation - Phase 3 | |
| NV44 |
|
27.09.02 | Great North Eastern Railway | Compensation relating to the “Leeds 1st ” project | |
| NV45 | (June 02) | Great North Eastern Railway | Quantification of sums due to GNER pursuant to Determination NV33 (settled out of court) | ||
| NV46 |
|
07.11.02 & 08.11.02 | Arriva Trains Northern | Major Project Notice (Amendment no.1): West Coast Route Modernisation - Phase 3 | |
| NV47 | 19.11.03 | North Western Trains | Major Project Notice: West Coast Route Modernisation - Phase 4 (Following adjournment of the hearing, the referrer withdrew the reference) | ||
| NV48 | (July 03) | Freightliner | Major Project Notice: West Coast Route Modernisation - Phase 4 (settled out of court) | ||
| NV49 | (July 03) | Central Trains | Major Project Notice: West Coast Route Modernisation - Phase 4 (settled out of court) | ||
| NV50 |
|
19.11.03 | Silverlink Train Services | Major Project Notice: West Coast Route Modernisation - Phase 4 | |
| NV51 | 19.11.03 | English Welsh & Scottish Railway | Major Project Notice: West Coast Route Modernisation - Phase 4 (Following adjournment of the hearing, the referrer withdrew the reference) | ||
| NV52 | 19.11.03 | ScotRail Railways | Major Project Notice: West Coast Route Modernisation - Phase 4 (Dismissed – no locus) | ||
| NV53 |
|
08.12.03 & 23.12.03 | ScotRail Railways | Network Rail’s decision that an extensive programme of works on the Forth Bridge does not constitute Network Change | |
| NV54 | (Nov 03) | ScotRail Railways | Revenue losses resulting from a Network change (settled out of court) | ||
| NV55 |
|
17.02.04 | English Welsh & Scottish Railway | Network Rail’s proposal to institute a “2-track” railway: Paddington – Didcot | |
| NV56 | (Nov 03) | Silverlink Train Services | Network Rail’s proposal for a 9-day all lines block in May 2004 (settled out of court) | ||
| NV57 |
|
16.03.04 | Network Rail | Network Change notice: Stowmarket Up & Down Goods Loop | |
| NV58 |
|
20.04.04 | Network Rail | Network Change notice: Ruscombe Up Goods Loop | |
| NV59 |
|
05.05.04 | Network Rail | Network Change: Reimbursement of costs for Gauge clearance works for Class 170/334 Units (see NV35) | |
| NV60 |
|
(Feb 04) | Freightliner | Major Project Notice: West Coast Route Modernisation – Dec.04-Dec.05 works | |
| NV61 | (Feb 04) | CrossCountry Trains | Major Project Notice: West Coast Route Modernisation – Dec.04-Dec.05 works (withdrawn by the referrer) | ||
| NV62 | (Mar 04) | ScotRail Railways | Major Project Notice: West Coast Route Modernisation – Dec.04-Dec.05 works (settled out of court) | ||
| NV63 | (Mar 04) | English Welsh & Scottish Railway | Major Project Notice: West Coast Route Modernisation – Dec.04-Dec.05 works (settled out of court) | ||
| NV64 | (Mar 04) | North Western Trains | Major Project Notice: West Coast Route Modernisation – Dec.04-Dec.05 works (settled out of court) | ||
| NV65 | (Mar 04) | Silverlink Train Services | Major Project Notice: West Coast Route Modernisation – Dec.04-Dec.05 works (settled out of court) | ||
| NV66 | (Mar 04) | Freightliner Heavy Haul | Major Project Notice: West Coast Route Modernisation – Dec.04-Dec.05 works (settled out of court) | ||
| NV67 | (Mar 04) | Arriva Trains Northern | Major Project Notice: West Coast Route Modernisation – Dec.04-Dec.05 works (settled out of court) | ||
| NV68 | (Mar 04) | Arriva Trains Wales | Major Project Notice: | ||
| NV69 | (Apr 04) | West Coast Trains | The method of implementation set out in a document entitled “NAM 71 Stockport Confirm Changes” (settled out of court) | ||
| NV70 | (Apr 04) | Central Trains | The method of implementation set out in a document entitled “NAM 71 Stockport Confirm Changes” (settled out of court) | ||
| NV71 |
|
18.05.04 | West Coast Trains | Withdrawal of a previously agreed Network Change | |
| NV72 | (May 04) | CrossCountry Trains | Major Project Notice: Liverpool South (October 2004 - October 2005) (Settled out of court) | ||
| NV73 | (May 04) | Network Rail | PENDING Network Change: speed restrictions on the Saltburn branch | ||
| NV74 |
|
02.09.04 | CrossCountry Trains | Whether the format of the documentation supplied in respect of Section 7 of Rules of the Route for 2005 had changed in ways, and to an extent, that it should be construed as a Network Change | |
| NV75 |
|
19.04.05 & 25.04.05 & 09.05.05 by a Timetabling Panel. See note at top of page. | English Welsh & Scottish Railway | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works | |
| NV76 |
|
19.04.05 & 25.04.05 & 09.05.05 by a Timetabling Panel. See note at top of page. | First ScotRail | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works | |
| NV77 |
|
19.04.05 & 25.04.05 & 09.05.05 by a Timetabling Panel. See note at top of page. | GB Railfreight | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works | |
| NV78 | (Mar 05) | Silverlink Train Services | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works. This reference is concerned solely with matters of compensation; it is a matter, if unresolved, for Silverlink to refer to be heard by an Access Disputes Panel; | ||
| NV79 |
|
19.04.05 & 25.04.05 & 09.05.05 by a Timetabling Panel. See note at top of page. | Freightliner | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works. Although the Timetabling Panel heard those aspects of the dispute that were within its locus, the remaining issues, being matters of compensation, were referred to be heard by an Access Disputes Panel – see reference ADP10 [on the Access Disputes Committee page] | |
| NV80 |
|
19.04.05 & 25.04.05 & 09.05.05 by a Timetabling Panel. See note at top of page. | Freightliner Heavy Haul | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works. Although the Timetabling Panel heard those aspects of the dispute that were within its locus, the remaining issues, being matters of compensation, were referred to be heard by an Access Disputes Panel – see reference ADP10 [on the Access Disputes Committee page] | |
| NV81 |
|
19.04.05 & 25.04.05 & 09.05.05 by a Timetabling Panel. See note at top of page. | First/Keolis Transpennine Express | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works | |
| NV82 |
|
19.04.05 & 25.04.05 & 09.05.05 by a Timetabling Panel. See note at top of page. | Direct Rail Services | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works | |
| NV83 |
|
19.04.05 & 25.04.05 & 09.05.05 by a Timetabling Panel. See note at top of page. | West Coast Trains | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works | |
| NV84 |
|
19.04.05 & 25.04.05 & 09.05.05 by a Timetabling Panel. See note at top of page. | Central Trains | Major Project Notice: West Coast Route Modernisation – Dec.05-Dec.06 works |