Network Rail Infrastructure Ltd v Handy [2015] EWHC 1175 (TCC) (06 May 2015)

Network Rail Infrastructure Ltd v Handy [2015] EWHC 1175 (TCC) (06 May 2015)

Schedule 8 losses paid by Network Rail to TOCs as a result of negligent road users causing rail disruption are recoverable as consequential damages in both negligence and trespass. The Schedule 8 formula, being regulator-approved and industry standard, provides a reasonable basis for quantifying such losses. Economic losses are recoverable in trespass even absent physical damage.

Citation
[2015] EWHC 1175 (TCC)
Parties
Claimant: Network Rail Infrastructure Limited; Defendant: Simon Handy; Defendant: Andrew James Ingram; Defendant: Rob Hatfield Limited; Defendant: Rhiannon Parry; Defendant: David Charles Godley
Jurisdiction
England and Wales
Judgment Date
06 May 2015
Procedural Posture
Negligence and Trespass Claims for Consequential Losses Following Damage to Rail Infrastructure / High Court Judgment After Trial
Outcome
Claims allowed; Schedule 8 losses recoverable from defendants.
Legal Topics
Negligence, Trespass to Land, Consequential Damages, Economic Loss, Railway Regulation, Damages Assessment
Tort Law Contract Law Transport Law Negligence Trespass to Land Consequential Damages Economic Loss Railway Regulation +1 more

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Parties

Network Rail Infrastructure Limited

Claimant

Simon Handy

Defendant

Andrew James Ingram

Defendant

Rob Hatfield Limited

Defendant

Rhiannon Parry

Defendant

David Charles Godley

Defendant

Procedural Posture

Negligence and Trespass Claims for Consequential Losses Following Damage to Rail Infrastructure / High Court Judgment After Trial

Legal Issues

  1. 1 Whether Schedule 8 losses claimed by Network Rail are recoverable from negligent road users causing rail disruption
  2. 2 Whether the Schedule 8 formula provides a reasonable estimate of loss
  3. 3 Whether economic losses are recoverable in trespass absent physical damage

Ratio Decidendi

Schedule 8 losses paid by Network Rail to TOCs as a result of negligent road users causing rail disruption are recoverable as consequential damages in both negligence and trespass. The Schedule 8 formula, being regulator-approved and industry standard, provides a reasonable basis for quantifying such losses. Economic losses are recoverable in trespass even absent physical damage.

Court Disposition

Claims allowed; Schedule 8 losses recoverable from defendants.

Orders

  • Defendants to pay Schedule 8 losses as quantified for each incident.
  • Defendants liable for inspection and repair costs as agreed.