London Buses Services Ltd v Tramtrack Croydon Ltd

London Buses Services Ltd v Tramtrack Croydon Ltd

The appeal is dismissed except for the finding that measures to increase passenger carrying capacity do not necessarily constitute a change to or outside the service parameters; the relevant parts of the lower court's judgment are set aside as the issue is hypothetical and not appropriate for final decision.

Parties
Appellant: London Buses Services Ltd; Respondent: Tramtrack Croydon Ltd
Jurisdiction
England and Wales
Judgment Date
19 December 2006
Procedural Posture
Civil Appeal / Judgment on Appeal From Queen's Bench Division
Outcome
Appeal dismissed save as to the specified issue; permission to appeal to the House of Lords refused; costs order made.
Legal Topics
Interpretation of Service Parameters, Appeal Procedure, Costs Orders
Contract Law Interpretation of Service Parameters Appeal Procedure Costs Orders

Case Brief

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Parties

London Buses Services Ltd

Appellant

Tramtrack Croydon Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Queen's Bench Division

Legal Issues

  1. 1 Whether measures to increase passenger carrying capacity constitute a change to service parameters under the contract specification
  2. 2 Appropriateness of final decision on hypothetical points

Ratio Decidendi

The appeal is dismissed except for the finding that measures to increase passenger carrying capacity do not necessarily constitute a change to or outside the service parameters; the relevant parts of the lower court's judgment are set aside as the issue is hypothetical and not appropriate for final decision.

Court Disposition

Appeal dismissed save as to the specified issue; permission to appeal to the House of Lords refused; costs order made.

Orders

  • Appeal dismissed except as set out in paragraph 2 of the order.
  • Specified passages of the judge’s judgment set aside regarding service parameters and passenger capacity.