Dunnett v Railtrack Plc [2002] EWCA Civ 302 (22 February 2002)

Dunnett v Railtrack Plc [2002] EWCA Civ 302 (22 February 2002)

On the pleaded case, there was no material on which the judge could have found liability against Railtrack Plc, as the only actionable negligence advanced was the failure to heed a single request to lock the gate, and the statutory duty was satisfied by provision of a non-defective gate.

Citation
[2002] EWCA Civ 302
Parties
Claimant/appellant: Susan Dunnett; Defendant/respondent: Railtrack Plc
Jurisdiction
England and Wales
Judgment Date
22 February 2002
Procedural Posture
Civil Appeal / Appeal From Cardiff County Court Judgment Dismissing Claim
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Statutory Obligations of Railway Companies, Damages for Psychiatric Injury
Tort Law Statutory Duty Negligence Duty of Care Statutory Obligations of Railway Companies Damages for Psychiatric Injury

Case Brief

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Parties

Susan Dunnett

Claimant/appellant

Railtrack Plc

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Cardiff County Court Judgment Dismissing Claim

Legal Issues

  1. 1 Whether Railtrack Plc breached its duty of care by failing to provide a self-closing or locked gate at an accommodation crossing, resulting in the death of the claimant's horses
  2. 2 Whether the advice given by Railtrack's workman regarding the legality of locking the gate gave rise to liability
  3. 3 Whether damages for post-traumatic stress disorder are recoverable in these circumstances

Ratio Decidendi

On the pleaded case, there was no material on which the judge could have found liability against Railtrack Plc, as the only actionable negligence advanced was the failure to heed a single request to lock the gate, and the statutory duty was satisfied by provision of a non-defective gate.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to liability against Railtrack Plc