THIS is the lawyer train passengers have hired to take the Government to court over its failure to solve the Southern crisis.

Matthew Garbutt is a 31-year-old commercial litigation solicitor at London-based Devonshires Solicitors LLP which employs more than 300 lawyers.

He is leading the case for a judicial review against the Department for Transport (DfT) on behalf of the Association of British Commuters Limited to look at how it handled the Govia Thameslink Railway franchise.

Mr Garbutt, who commutes using Southern trains from Reedham in south London to the Finsbury Circus head office, said: "We are instructed to investigate the circumstances of the Southern Rail fiasco with a view to bringing judicial review proceedings that will challenge the Government’s handling of the Govia Thameslink Railway franchise.

"We are encouraged to see that so many rail users have already pledged their support. We would urge all rail users and business who are not satisfied with Southern Rail to lend their support to this action.

"We call on the DfT to engage fully and transparently with the association and answer the tough questions."

His comments came on the second day of a 48-hour strike by RMT union members as staff remained locked in a row with the train company over passenger safety and who should be responsible for shutting carriage doors.

Today marks 136 days since the first strike and there are no signs of a resolution between the parties.

More than £10,000 was pledged to the not-for-profit association's crowdfunding campaign to pay for legal advice within three days.

It was launched by fed up commuters including 24-year-old Summer Dean when the travel chaos began earlier this year. It aimed to give the thousands of suffering passengers a voice. The legal action would seek to "demystify" what she claimed was a "cosy" relationship between the franchise and the DfT, Miss Dean told The Argus yesterday.

The campaign is fundraising towards a total of £25,000 which allowed them to instruct Mr Garbutt. It continues to rise by thousands of pounds by the day.

The Department for Transport said it could not comment on possible legal action.

Last week the government earmarked £20 million to fix problems on the network but said none of the money would be used to resolve the dispute between the company and the union.

The normal Southern timetable - which the company said was disrupted because of high levels of staff sickness - is expected to be reinstated in the next few weeks.

WHAT HAPPENS NEXT?

FIRST solicitor Matthew Garbutt needs to gather evidence from the Association of British Commuters Limited like tales from passengers of how the train problems have affected their work and home life. Then an application for a judicial review is submitted to the High Court. If it grants permission, it will investigate the Department for Transport's (DfT) handling of the Govia Thameslink franchise which runs Southern. To pledge support visit crowdjustice.co.uk/case/southernrail, to volunteer to help the cause email contact@associationofbritishcommuters.com or to provide evidence for the case email southernclaim@devonshires.co.uk.

PROFILE

MATTHEW Garbutt is a 31-year-old solicitor who advises on commercial disputes for clients including private companies, regulatory bodies, local authorities, charitable trusts and individuals.

He went to Royal Grammar School in Guildford and the town's college before studying at the University of Sheffield where he graduated with a 2:1 LLB Hons in law, completed the legal practice course and founded the legal research clinic Pro Uno which also offered free advice.

He joined Devonshires Solicitors LLP as a trainee solicitor six years ago after training at the College of Law in London. He is now part of the team at the litigation and dispute resolution department and has advised clients in criminal matters, including both police work and HSE prosecutions, assisted in fraud investigations and contract advisory work. The cases he has worked on are worth between £3,000 and £1.5 billion.

He has been involved in investigations into Northern Ireland including enquiries by the Historical Enquiries Team, legacy branch of the PSNI and Bloody Sunday and other cases involving claims against the military. He has handled mediation disputes in Sheffield and Rotherham and been a project assessor for the Campaign for the Protection of Rural England.

UNION CAN’T BE BOTHERED TO PICKET, SAY PASSENGERS

RAIL union members faced criticism from the public yesterday who claimed they could not see a picket line at Brighton Station despite the walk-out.

Yesterday marked the RMT’s second day of a 48-hour strike but their presence was less visible compared to the 20 supporters seen outside on Wednesday.

One commuter tweeted: “Those striking on #Southern strike could not even be bothered to “picket” the station this morning. Probably down the beach relaxing.”

But RMT general secretary Mick Cash claimed members were standing “solid, determined and united” with their message as the strike continued.

A union spokesman said there was a picket line outside the staff entrance at Brighton station at 6am yesterday – the time staff usually clock in for work. The spokesman also clarified that the demonstration outside the station during rush hour on Wednesday morning was a protest organised at the request of the media and not a picket line.

Around 60 per cent of Southern Railway services were running yesterday. The company suspended first class travel and invited those who had already paid to claim back the difference.

Brighton Station was relatively empty as most commuters took the day off as a holiday, stayed overnight in the capital, worked from home or used alternative transport.

But Arash Tehrani, 25, of Hove, was one commuter who braved the journey to London.

He said: “It’s a bit of a mess. My 8 o’clock train to London was cancelled. I’ve been travelling and only back in England for a week but I’m feeling it straight away.”

Hannah Albuery, 24, of Hove, an English primary PGCE student, was using the train to get to the Brighton University Falmer campus.

She said: "It’s a pain and I’m late for uni. I thought I planned it well but my first train was 17 minutes delayed which meant I missed my connection. I only just moved here last week, so luckily this is the first time. But I’m hoping this doesn’t continue."