ADA49_SWR Statement of Claim Page 1 of 105 ADA49: Statement of Case made by First MTR South Western Trains Limited 22nd January 2020 22/1/20 ADA49_SWR Statement of Claim Page 2 of 105 1. DETAILS OF PARTIES 1.1 The names and addresses of the parties to the reference are as follows:- (a) First MTR South Western Trains Limited, a company registered in England under number 2904587 having its registered office at 4th Floor, Capital House, 25 Chapel Street, London, NW1 5DH (“SWR”) ("the Claimant")); and (b) Network Rail Infrastructure Limited, a company registered in England under number 2904587 having its registered office at 1 Eversholt Street, London NW1 2DN ("Network Rail") ("the Defendant")). (c) Correspondence details of SWR’s contacts are as follows: a) Dave Waldron, Current Performance Manager SWR, South Bank Central, 30 Stamford Street, London SE1 9LQ:
[email protected] : 07585 405449; and b) David Rourke, Regulatory Access Manager SWR, South Bank Central, 30 Stamford Street, London SE1 9LQ:
[email protected] : 07814 347296. 2 THE CLAIMANT’S’ RIGHT TO BRING THIS REFERENCE 2.1 This matter is referred to an Access Dispute Adjudication (“ADA”) for determination in accordance with Schedule 8 paragraph 16.1 of the Track Access Contract dated 20th May 2004 between SWR and Network Rail (“the Agreement”1). The clause in question, namely Schedule 8 paragraph 16.12, reads as follows: 2.2 Having followed the process outlined in Schedule 8 paragraph 16.1, above (including making a joint submission to the Delay Attribution Board, which was considered at a hearing on 19th November 2019, the conclusions arising from 1 This was the Track Access Contract that was in place, between the parties, at the time of each of the three incidents from which this Statement of Claim arises.