R (Save Our Railways) v Director of Passenger Rail Franchising

Save Our Railways was an organisation sponsored by trade unions that opposed privatisation.

The Minister’s instruction, laid before Parliament said ‘for the initial letting of franchises, your specification of minimum service levels... is to be based on that being provided by British Rail immediately prior to franchising.’ However, with the Minister’s approval, in the first 7 franchises, offered by the Rail Franchising Director service levels were set below existing services.

But no mandatory remedy was granted, referring the question back to the Franchise Director for further consideration.

The Court said the DPRF comply with instructions that Passenger Service Requirement be based on that provided by British Rail.

But it is not in our view an approach which gives effect to the instruction.Afterwards, the Minister simply decided ‘to clarify’ that the rules were ‘to ensure that they reflect beyond doubt the policy that we have always followed’.