Source: All England Reporter
Publisher Citation: [2002] All ER (D) 152 (Jul)
Neutral Citation: [2002] EWCA Civ 955
Court: Court of Appeal, Civil Division
Judge:

Lord Woolf CJ, Waller and Robert Walker LJJ

Representation Philip Sales and Ben Hooper (instructed by the Treasury Solicitor) for the Regulator.
  Gabriel Moss QC and Stephen Atherton (instructed by Slaughter & May) for the railway administrators.
Judgment Dates: 10 July 2002

Catchwords

Company - Administration order - Effect - Requirement of leave to commence proceedings against company - Railway administration order - Application to Rail Regulator for directions requiring company owning track to enter into access contract with freight train operator to use track - Whether commencement and continuation of procedure for seeking such directions requiring leave of court of consent of special railway administrators - s 11(3)(d) - s 17.

The Case

Section11(3)(d) of the as it applied to companies in railway administration, did not cover the determination by the Rail Regulator of an application under s17 of the .

Practice Areas

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