Cameron & Ors v Network Rail Infrastructure Ltd
Network Rail was not acting as a public authority in respect of maintenance functions at the material time; claimants failed to establish breach of Article 2 ECHR; limitation period expired and no equitable grounds for extension; claim bound to fail.
- 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
- Outcome
- Judgment for the defendant
- Legal Topics
- Public Authority Definition, Article 2 ECHR, Limitation Period, Fatal Accidents Act, Wrongful Death, Bereavement Damages
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether Network Rail was a public authority under the Human Rights Act 1998
- 2 Whether the claimants could bring a claim for damages under Article 2 ECHR
- 3 Whether section 1A of the Fatal Accidents Act 1976 is incompatible with ECHR rights
Ratio Decidendi
Network Rail was not acting as a public authority in respect of maintenance functions at the material time; claimants failed to establish breach of Article 2 ECHR; limitation period expired and no equitable grounds for extension; claim bound to fail.
Court Disposition
Judgment for the defendant
Orders
- Summary judgment granted under CPR 24
- Claim struck out as disclosing no reasonable grounds
Full Case Text
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