London Buses Services Ltd v Tramtrack Croydon Ltd [2006] EWCA Civ 1832 (19 December 2006)

London Buses Services Ltd v Tramtrack Croydon Ltd [2006] EWCA Civ 1832 (19 December 2006)

The Court of Appeal held that the judge's decision that measures to increase passenger carrying capacity would necessarily involve a change to or outside the service parameters was incorrect and those parts of the judgment should be set aside; however, the appeal was otherwise dismissed as the point was hypothetical and not appropriate for final decision at this stage.

Citation
[2006] EWCA Civ 1832
Parties
Claimant/appellant: London Buses Services Ltd; Defendant/respondent: Tramtrack Croydon Ltd
Jurisdiction
England and Wales
Judgment Date
19 December 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed save as to the setting aside of certain passages of the judge's judgment.
Legal Topics
Interpretation of Service Parameters, Variation of Contractual Obligations
Contract Law Transport Law Interpretation of Service Parameters Variation of Contractual Obligations

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Parties

London Buses Services Ltd

Claimant/appellant

Tramtrack Croydon Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether measures to increase passenger carrying capacity constitute a change to or outside the service parameters in the contract specification

Ratio Decidendi

The Court of Appeal held that the judge's decision that measures to increase passenger carrying capacity would necessarily involve a change to or outside the service parameters was incorrect and those parts of the judgment should be set aside; however, the appeal was otherwise dismissed as the point was hypothetical and not appropriate for final decision at this stage.

Court Disposition

Appeal dismissed save as to the setting aside of certain passages of the judge's judgment.

Orders

  • Appeal dismissed except for setting aside specified passages of the judge's judgment regarding service parameters.
  • Permission to appeal to the House of Lords refused.