Network Rail Infrastructure Ltd v Handy

Network Rail Infrastructure Ltd v Handy

Schedule 8 losses, as calculated and paid by Network Rail to TOCs for delays caused by the Defendants' negligence or trespass, are recoverable as consequential damages. The Schedule 8 regime is a reasonable and genuine pre-estimate of loss, based on robust research and industry practice, and is not shown to be excessive, unreasonable, or too remote. The Defendants' challenges to the methodology, including the use of lateness multipliers, application to single incidents, and alleged unfairness in attribution, are rejected. Economic loss is also recoverable in trespass to land, even absent physical damage, where loss of use or revenue is established. The only deduction is for the portion of...

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
Civil (negligence, Trespass) / Judgment After Trial
Outcome
Judgment for the Claimant (Network Rail) in all five cases, subject to minor deduction for part of 'unidentified minutes'.
Legal Topics
Negligence, Trespass to Land, Damages, Consequential Loss, Remoteness of Damage, Liquidated Damages, Railway Law
Tort Law Contract Law Negligence Trespass to Land Damages Consequential Loss Remoteness of Damage Liquidated Damages +1 more

Case Brief

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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

Civil (negligence, Trespass) / Judgment After Trial

Legal Issues

  1. 1 Whether Schedule 8 losses suffered and claimed by Network Rail are recoverable from the Defendants as consequential damages for negligent road/rail incidents.
  2. 2 Whether the Schedule 8 formula and its application reasonably estimate the actual lost revenue suffered by Train Operating Companies (TOCs) as a result of individual incidents.
  3. 3 Whether economic loss is recoverable in trespass to land absent physical damage.

Ratio Decidendi

Schedule 8 losses, as calculated and paid by Network Rail to TOCs for delays caused by the Defendants' negligence or trespass, are recoverable as consequential damages. The Schedule 8 regime is a reasonable and genuine pre-estimate of loss, based on robust research and industry practice, and is not shown to be excessive, unreasonable, or too remote. The Defendants' challenges to the methodology, including the use of lateness multipliers, application to single incidents, and alleged unfairness in attribution, are rejected. Economic loss is also recoverable in trespass to land, even absent physical damage, where loss of use or revenue is established. The only deduction is for the portion of...

Court Disposition

Judgment for the Claimant (Network Rail) in all five cases, subject to minor deduction for part of 'unidentified minutes'.

Orders

  • Defendants to pay Network Rail the agreed Schedule 8 losses (as adjusted for unidentified minutes) and inspection/repair costs in each case.
  • Parties to agree the precise deduction for unidentified minutes; if not agreed, the court will determine the amount.