Collins-Williamson v Silverlink Train Services Ltd [2009] EWCA Civ 458 (25 March 2009)

There is an arguable issue as to whether the judge's finding regarding the claimant's conduct and the guard's negligence was justified by the evidence, warranting permission to appeal.

Citation: [2009] EWCA Civ 458
Parties: Applicant: Collins-Williamson; Respondent: Silverlink Train Services Ltd
Jurisdiction: England and Wales
Judgment Date: 25 March 2009
Procedural Posture: Personal Injury Appeal / Application for Permission to Appeal From High Court Judgment
Outcome: Permission to appeal granted
Legal Topics: Negligence, Contributory Negligence, Duty of Care, Railway Safety, Standard of Care

Tort Law Personal Injury Railway Law Negligence Contributory Negligence Duty of Care Railway Safety Standard of Care

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Parties

Collins-Williamson

Applicant

Silverlink Train Services Ltd

Respondent

Procedural Posture

Personal Injury Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

1 Whether the guard on the train was negligent and causative of the accident
2 Whether the system of work and organisation at the station was negligent
3 Whether the judge's findings on the claimant's conduct and causation were justified by the evidence

Ratio Decidendi

There is an arguable issue as to whether the judge's finding regarding the claimant's conduct and the guard's negligence was justified by the evidence, warranting permission to appeal.

Court Disposition

Permission to appeal granted

Orders

Permission to appeal generally granted