The first source of controversy in the Railtrack incident was the decision, taken at short notice with disregard for the regulator Tom Winsor, and implemented over a weekend, to ask the High Court to put the privatised railway infrastructure company Railtrack into railway administration, on 7 October 2001.
Gerald Corbett, Railtrack's chief executive, led the management team, which resisted this new regulatory pressure.
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Two open access operators were joined in the case as interested third parties, one of which, Grand Central Railway Company Ltd, was a client of White & Case.
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In July 1999, John Prescott MP, Secretary of State for the Environment, Transport and the Regions and Deputy Prime Minister, appointed Winsor as Swift's successor as Rail Regulator and International Rail Regulator.
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The controversy of Railtrack's administration blazed on, and Byers' political problems intensified with other problems, including difficulties associated with the actions of his special adviser Jo Moore who had remarked to a colleague at the Department for Transport Local Government and the Regions that 11 September 2001 may be a good day to bury bad news, and the controversial and mishandled departure of his press spokesman Martin Sixsmith.
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After Deputy Prime Minister John Prescott MP decided not to reappoint John Swift QC as Rail Regulator, Bolt was given a seven-month contract as Rail Regulator pending Prescott's decision on the full-term appointment of Tom Winsor from 5 July 1999.