London & South Eastern Railway Ltd & Anor v British Transport Police Authority & Ors

London & South Eastern Railway Ltd & Anor v British Transport Police Authority & Ors

Section 33(4)(b) of the Railways and Transport Safety Act 2003 does not override the express charging provisions in existing police services agreements; the British Transport Police Authority cannot unilaterally impose a new charging model on the claimants without agreement or termination of the PSAs. Any variation agreed under mistaken belief of statutory power is unlawful and void. Delay in bringing the claim was not undue and does not bar relief.

Parties
Claimant: London & South Eastern Railway Limited; Claimant: New Southern Railway Limited; Defendant: British Transport Police Authority; First Interested Party: Arriva Trains Wales Limited; Second Interested Party: Northern Rail Limited; Third Interested Party: Merseyrail Electrics (2002) Limited; Fourth Interested Party: First Rail Holdings Limited; Fifth Interested Party: Heathrow Express Operating Company Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaration granted in favour of claimants; BTPA's imposition of new charging model was unlawful.
Legal Topics
Statutory Interpretation, Public Contracts, Judicial Review, Ultra Vires, State Aid, Delay in Judicial Review, Variation of Contracts
Administrative Law Contract Law Public Law Statutory Interpretation Public Contracts Judicial Review Ultra Vires State Aid +2 more

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Parties

London & South Eastern Railway Limited

Claimant

New Southern Railway Limited

Claimant

British Transport Police Authority

Defendant

Arriva Trains Wales Limited

First Interested Party

Northern Rail Limited

Second Interested Party

Merseyrail Electrics (2002) Limited

Third Interested Party

First Rail Holdings Limited

Fourth Interested Party

Heathrow Express Operating Company Limited

Fifth Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether section 33(4)(b) of the Railways and Transport Safety Act 2003 overrides existing contractual charging provisions in police services agreements (PSAs)
  2. 2 Whether the British Transport Police Authority (BTPA) can unilaterally impose a new charging model on existing PSAs
  3. 3 Whether variations to PSAs agreed under mistaken belief of statutory power are lawful

Ratio Decidendi

Section 33(4)(b) of the Railways and Transport Safety Act 2003 does not override the express charging provisions in existing police services agreements; the British Transport Police Authority cannot unilaterally impose a new charging model on the claimants without agreement or termination of the PSAs. Any variation agreed under mistaken belief of statutory power is unlawful and void. Delay in bringing the claim was not undue and does not bar relief.

Court Disposition

Declaration granted in favour of claimants; BTPA's imposition of new charging model was unlawful.

Orders

  • Declaration that Article 10 of the Transitional Order and Section 33(4) do not override the express charging provisions in agreements for police services entered into before 1 July 2003 by the SRA with persons providing railway services.
  • BTPA cannot require claimants to pay more than the percentages applicable under the 1999 model until PSAs are terminated or varied by agreement.