Cameron & Ors v Network Rail Infrastructure Ltd [2006] EWHC 1133 (QB) (18 May 2006)

Cameron & Ors v Network Rail Infrastructure Ltd [2006] EWHC 1133 (QB) (18 May 2006)

Network Rail was not a public authority for the purposes of the Human Rights Act 1998 in relation to the maintenance of the track and points at the material time; the claimants' claims under Article 2 and Article 8 ECHR are bound to fail; and there are no equitable grounds to extend the limitation period under...

Source-derived case information.

Citation
[2006] EWHC 1133 (QB)
Parties
Claimant: Collin Cameron; Claimant: Celia Mary Cameron; Claimant: Patricia Mary Smith; Claimant: Ann Theresa Smith; Defendant: Network Rail Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
18 May 2006
Procedural Posture
Civil / Summary Judgment Application by Defendant
Outcome
Judgment for the defendant; claim dismissed.
Legal Topics
Article 2 ECHR (right to Life), Article 8 ECHR (respect for Family Life), Public Authority Under Human Rights Act, Limitation Periods, Wrongful Death, Bereavement Damages, Fatal Accidents Act 1976, Law Reform (miscellaneous Provisions) Act 1934
Human Rights Tort Law Civil Procedure Article 2 ECHR (right to Life) Article 8 ECHR (respect for Family Life) Public Authority Under Human Rights Act Limitation Periods Wrongful Death +3 more

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Parties

Collin Cameron

Claimant

Celia Mary Cameron

Claimant

Patricia Mary Smith

Claimant

Ann Theresa Smith

Claimant

Network Rail Infrastructure Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application by Defendant

Legal Issues

  1. 1 Whether Network Rail was a public authority under the Human Rights Act 1998 at the material time
  2. 2 Whether the claimants have a viable claim under Article 2 or Article 8 ECHR
  3. 3 Whether the limitation period under section 7(5) HRA should be extended

Ratio Decidendi

Network Rail was not a public authority for the purposes of the Human Rights Act 1998 in relation to the maintenance of the track and points at the material time; the claimants' claims under Article 2 and Article 8 ECHR are bound to fail; and there are no equitable grounds to extend the limitation period under section 7(5) HRA. Judgment is entered for the defendant under CPR 24.

Court Disposition

Judgment for the defendant; claim dismissed.

Orders

  • Summary judgment granted to the defendant under CPR 24
  • Claim dismissed in its entirety