Great North Eastern Railway Ltd v Hart & Ors [2003] EWHC 2450 (QB) (30 October 2003)

Great North Eastern Railway Ltd v Hart & Ors [2003] EWHC 2450 (QB) (30 October 2003)

Negligence was not established against the Department for Transport in the design, construction, or subsequent maintenance of the approach safety fence at Little Heck Bridge. The length of the safety fence complied with applicable standards and was the result of professional judgment. No breach of duty was found, and thus no contribution was due from the Department to Hart under the 1978 Act.

Citation
[2003] EWHC 2450 (QB)
Parties
Claimant: Great North Eastern Railway Limited; Defendant/part 20 Claimant: Gary Neil Hart; First Part 20 Defendant: Secretary of State for Transport, Local Government and the Regions; Second Part 20 Defendant: Network Rail Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
30 October 2003
Procedural Posture
Civil Claim for Contribution Under Civil Liability (contribution) Act 1978 / High Court Judgment After Trial
Outcome
Claim for contribution dismissed
Legal Topics
Negligence, Duty of Care, Contribution, Highway Authority Liability, Apportionment, Ex Turpi Causa
Tort Public Authority Liability Highways Law Negligence Duty of Care Contribution Highway Authority Liability Apportionment +1 more

Case Brief

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Parties

Great North Eastern Railway Limited

Claimant

Gary Neil Hart

Defendant/part 20 Claimant

Secretary of State for Transport, Local Government and the Regions

First Part 20 Defendant

Network Rail Infrastructure Limited

Second Part 20 Defendant

Procedural Posture

Civil Claim for Contribution Under Civil Liability (contribution) Act 1978 / High Court Judgment After Trial

Legal Issues

  1. 1 Whether the Department for Transport was negligent in failing to provide a longer safety fence on the approach to Little Heck Bridge in 1974 or during subsequent repairs, thereby contributing to the Selby rail disaster;
  2. 2 Whether a highway authority owes a duty of care to persons or property off the highway in such circumstances;
  3. 3 Whether ex turpi causa precludes a claim for contribution by a party convicted of a criminal offence;

Ratio Decidendi

Negligence was not established against the Department for Transport in the design, construction, or subsequent maintenance of the approach safety fence at Little Heck Bridge. The length of the safety fence complied with applicable standards and was the result of professional judgment. No breach of duty was found, and thus no contribution was due from the Department to Hart under the 1978 Act.

Court Disposition

Claim for contribution dismissed

Orders

  • No contribution is payable by the Department for Transport to Hart or his insurers.