Freemans Plc v Park Street Properties (Lincoln) Ltd. & Ors [2002] EWHC 477 (TCC) (26 March 2002)

Freemans Plc v Park Street Properties (Lincoln) Ltd. & Ors [2002] EWHC 477 (TCC) (26 March 2002)

Railtrack PLC is not liable to Freemans PLC for flood damage under s.68 of the Railway Clauses Consolidation Act 1845 or the BRB Agreement, as the statutory obligation was extinguished by contract and not transferred to Freemans. Railtrack is not liable in nuisance because it lacked knowledge or means of knowledge of the blockages prior to their discovery, and took reasonable steps once aware.

Citation
[2002] EWHC 477 (TCC)
Parties
Claimant: Freemans PLC; First Defendant: Park Street Properties (Lincoln) Limited; Second Defendant: Jaychem (Bourne) Limited; Third Defendant: Railtrack PLC
Jurisdiction
England and Wales
Judgment Date
26 March 2002
Procedural Posture
Commercial Property Damage Claim / Judgment After Trial
Outcome
Claim dismissed as against Railtrack PLC.
Legal Topics
Statutory Easements, Nuisance, Liability for Drainage Works, Contractual Indemnity, Maintenance Obligations, Flood Damage
Property Law Contract Law Tort Law Statutory Interpretation Statutory Easements Nuisance Liability for Drainage Works Contractual Indemnity +2 more

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Parties

Freemans PLC

Claimant

Park Street Properties (Lincoln) Limited

First Defendant

Jaychem (Bourne) Limited

Second Defendant

Railtrack PLC

Third Defendant

Procedural Posture

Commercial Property Damage Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Railtrack PLC is liable to Freemans PLC for flood damage caused by blockages in a railway culvert under statutory, contractual, or nuisance principles
  2. 2 Whether the statutory obligation under s.68 Railway Clauses Consolidation Act 1845 persists and applies to the claimant
  3. 3 Whether the BRB Agreement extinguished or modified statutory rights and obligations

Ratio Decidendi

Railtrack PLC is not liable to Freemans PLC for flood damage under s.68 of the Railway Clauses Consolidation Act 1845 or the BRB Agreement, as the statutory obligation was extinguished by contract and not transferred to Freemans. Railtrack is not liable in nuisance because it lacked knowledge or means of knowledge of the blockages prior to their discovery, and took reasonable steps once aware.

Court Disposition

Claim dismissed as against Railtrack PLC.

Orders

  • No liability found against Railtrack PLC.
  • No order as to damages against Railtrack PLC.