Winsor v Special Railway Administrators of Railtrack Plc [2002] EWCA Civ 955 (10 July 2002)

Winsor v Special Railway Administrators of Railtrack Plc [2002] EWCA Civ 955 (10 July 2002)

The determination of an application by the Rail Regulator under section 17 of the Railways Act 1993 is a regulatory function and not a legal or quasi-legal proceeding 'against the company' within the meaning of section 11(3)(d) of the Insolvency Act 1986 as applied by the Railways Act 1993. Therefore, such determinations do not require the consent of the special railway administrators or the leave of the court.

Citation
[2002] EWCA Civ 955
Parties
Appellant: Thomas Winsor (Rail Regulator); Respondents: Special Railway Administrators of Railtrack Plc
Jurisdiction
England and Wales
Judgment Date
10 July 2002
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Railway Administration Orders, Scope of 'other Proceedings' Under Insolvency Act 1986 S.11(3)(d), Regulatory Powers of Rail Regulator, Interaction Between Insolvency and Regulatory Regimes
Insolvency Law Administrative Law Railway Law Railway Administration Orders Scope of 'other Proceedings' Under Insolvency Act 1986 S.11(3)(d) Regulatory Powers of Rail Regulator Interaction Between Insolvency and Regulatory Regimes

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Parties

Thomas Winsor (Rail Regulator)

Appellant

Special Railway Administrators of Railtrack Plc

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Does section 11(3)(d) of the Insolvency Act 1986, as applied by the Railways Act 1993, require the consent of the special railway administrators or the leave of the court for the Rail Regulator to determine an application under section 17 of the Railways Act 1993?
  2. 2 Is the section 17 procedure a 'proceeding against the company' within the meaning of section 11(3)(d)?

Ratio Decidendi

The determination of an application by the Rail Regulator under section 17 of the Railways Act 1993 is a regulatory function and not a legal or quasi-legal proceeding 'against the company' within the meaning of section 11(3)(d) of the Insolvency Act 1986 as applied by the Railways Act 1993. Therefore, such determinations do not require the consent of the special railway administrators or the leave of the court.

Court Disposition

Appeal allowed

Orders

  • Declaration granted in favour of the Rail Regulator that section 11(3)(d) does not apply to section 17 determinations
  • Costs of both actions to be paid as an expense of railway administration