Source: All England Reporter
Publisher Citation: [2005] All ER (D) 350 (Nov)
Neutral Citation: [2005] EWCA Civ 1437
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt C, Longmore and Lloyd LJJ

Representation Christopher Butcher QC and James Brocklebank (instructed by Burges Salmon LLP) for the claimant.
  Michael Crane QC and Katherine Watt (instructed by Kennedys) for the defendant.
Judgment Dates: 25 November 2005

Catchwords

Bailment - Damage to bailed chattel - Entitlement of bailor to recover for damage - Bailor owner of train rolling stock damaged in train derailment - Bailor possessing reversionary title - Bailor compensated for loss by bailee and/or insurer - Whether bailor entitled to recover damages from operator of railway track infrastructure.

The Case

There was no authority to support the proposition that a bailor without possession, or the immediate right to possession, could recover the value of loss and damage to the bailed goods even where he had been compensated by his bailee.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.