Source: All England Reporter
Publisher Citation: [2015] All ER (D) 73 (May)
Neutral Citation: [2015] EWHC 1175 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Mr Justice Akenhead

Representation Jeffery Onions QC and David Drake (instructed by Hay & Kilner) for Network Rail.
  Andrew Bartlett QC and Isabel Hitching (instructed by DWF) for the defendants.
Judgment Dates: 6 May 2015

Catchwords

Damages - Measure of damages - Negligence - Court considering five claims regarding driver negligence where liability for causing loss to railways being admitted - Court making rulings on approach to be taken in such cases - Whether judgment to be given for claimant rail provider in each case.

The Case

Damages Measure of damages. The court considered five claims regarding driver negligence where liability for causing loss to the railways had been admitted. The court made rulings on the approach to be taken in such cases and held that, subject to a minor exception, there would be judgment for the claimant rail provider in each of the five cases.

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