Collins-Williamson v Silverlink Train Services Ltd

Collins-Williamson v Silverlink Train Services Ltd

There is an arguable issue as to whether the trial judge’s finding of a 14-metre walk and the resulting negligence finding were justified on the evidence, and whether the system of work was negligent; these issues merit scrutiny on appeal.

Parties
Applicant: Paul Philip Collins-Williamson; Respondent: Silverlink Train Services Ltd
Jurisdiction
England and Wales
Judgment Date
25 March 2009
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Railway Accidents, Employer Liability, Contributory Negligence, Standard of Care
Tort Law Personal Injury Negligence Railway Accidents Employer Liability Contributory Negligence Standard of Care

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Parties

Paul Philip Collins-Williamson

Applicant

Silverlink Train Services Ltd

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge's finding of negligence against the train guard was justified on the evidence
  2. 2 Whether the system of work and train movement at Gunnersbury station was negligent
  3. 3 Whether the claimant's behaviour and contributory negligence were properly assessed

Ratio Decidendi

There is an arguable issue as to whether the trial judge’s finding of a 14-metre walk and the resulting negligence finding were justified on the evidence, and whether the system of work was negligent; these issues merit scrutiny on appeal.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal generally granted to Silverlink Train Services Ltd