||All England Reporter
|| All ER (D) 350 (Nov)
|| EWCA Civ 1437
||Court of Appeal, Civil Division
Sir Andrew Morritt C, Longmore and Lloyd LJJ
||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.
||25 November 2005
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.
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.
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