HAL/TTP003 Determination
| Date | 13 October 2021 |
| Section | Appeals under The Access and Management Regulations |
TIMETABLING PANEL of the ACCESS DISPUTES COMMITTEE
Determination in respect of dispute reference HAL/TTP003
(following a hearing held on 13 October 2021)
The Panel:
Paul Stevenson Hearing Chair
Members appointed from the Timetabling Pool
Peter Warhurst elected representative for Franchised Passenger Class, Band 2
Chris Matthews elected representative for Non-Passenger Class, Band 2
Mark Sleet appointed representative of Network Rail
The Dispute Parties:
MTR Corporation (Crossrail) Ltd. (“MTR”)
Jonathan James Head of Contract Management
Mike Bagshaw Performance and Planning Director
Jonathan Smith Senior Associate (Dentons)
Heathrow Airport Ltd. ("HAL")
Jason Chamberlain Bryan Cave Leighton Paisner LLP
Michael Bradley Rail Governance Manager
Emilie Christmas Heathrow legal team
Interested parties:
First Greater Western (“GWR”) - unable to attend
Rob Holder Network Access Manager
Transport for London (“TfL”)
Daniel Gierhart Crossrail Concession Manager
Network Rail (“NR”)
Lindsey Nalton Timetable Production Manager (W&W)
Heathrow Express Operating Company (“HEOC”)
Andrew Darbyshire Cost Transformation / HS2 Lead
In attendance:
Tamzin Cloke Committee Secretary (“Secretary”)
HAL/TTP003
Determination
1
Table of Contents
A Background and Jurisdiction
page 3
B History of this dispute process and documents submitted
page 3
C Outcomes sought by the Dispute Parties
page 4
D Relevant provisions of the Network Code and other documents
page 4
E Factual background
page 4
F Submissions by the Dispute Parties
page 8
G Oral evidence at the hearing
page 12
H Analysis/Observations and Guidance
page 25
I Determination
page 31
Annex “A” Relevant Network Code Extracts
page 33
Annex “B” Extracts from the ORR appeal of TTP
page 36
HAL/TTP003
Determination
2
A Background and Jurisdiction
1. Dispute HAL/TTP003 was raised by MTR by service of a Notice of Dispute on 20 August
2021 in respect of HAL’s decisions in relation to the New Working Timetable 2022
(“December 2021 timetable”). The dispute was brought on the basis that HAL had not
accommodated all the Firm Rights MTR held for access into Terminal 5 at Heathrow
Airport. MTR contended that in failing to honour its Firm Access Rights, HAL had not
complied with Part D of the HAL Network Code in the development of the New Working
Timetable. MTR concurrently requested that the hearing be expedited owing to the
proximity of the timetable operation.
2. I was appointed as Hearing Chair on 09 September 2021 and I satisfied myself that the
matters in dispute included grounds of appeal which may be heard by a Timetabling Panel
convened in accordance with Chapter H of the HAL ADR Rules to hear an appeal under
the terms of Network Code Condition D5.
3. In its consideration of the Parties’ submissions and its hearing of the Disputes, the Panel
was mindful that, as provided for in ADR Rule A5, it should ‘reach its determination on the
basis of the legal entitlements of the Dispute Parties and upon no other basis’.
4. The abbreviations used in this determination are set out in the list of Parties above, in this
paragraph 4 and as otherwise defined in this determination document:
- “ADR Rules” mean the HAL Access Dispute Resolution Rules and “Rule” is construed
accordingly
- “Decision Criteria” means HAL Network Code Condition D4.6
- “Consideration” means the matters set out in HAL Network Code Condition D4.6.2
- “CTA” means Central Terminal Area station at Heathrow Airport
- “Objective” means the objective set out at HAL Network Code Condition D4.6.1
- “Chapter H” means Chapter H of the HAL ADR Rules
- “Part D” means Part D of the HAL Network Code
- “SRD” means Sole Reference Document
- “STP” means Short Term Planning
- “TOC” means Train Operating Company
- ‘’TTP’’ means Timetabling Panel
5. Where I refer to a Condition below this is a reference to Part D unless otherwise specified.
B History of this dispute process and documents submitted
6. At my request (and as permitted by ADR Rule H21), the Dispute Parties were required to
provide sole reference documents (“SRDs”). The proposed Panel hearing was notified
generally by means of the website and by email to those identified as potential interested
parties by the Dispute Parties.
7. On 29 September 2021 MTR served its SRD, in accordance with the dispute timetable as
issued by the Secretary.
8. On 06 October 2021 HAL served its SRD in accordance with the dispute timetable as
issued by the Secretary.
HAL/TTP003
Determination
3
To continue reading
Request your trial