Robertson v. Network Rail Infrastructure Ltd [2007] ScotSC 21 (28 May 2007)

Robertson v. Network Rail Infrastructure Ltd [2007] ScotSC 21 (28 May 2007)

The statutory right to an accommodation crossing under section 60 of the 1845 Act is not extinguished by division of ownership and persists upon reunification. The defenders have a continuing statutory obligation to restore and maintain the crossing. The pleadings regarding drainage obligations are sufficiently specified for proof before answer.

Citation
[2007] ScotSC 21
Parties
Pursuer: Donald Hugh Robertson; Defender: Network Rail Infrastructure Limited
Jurisdiction
Scotland
Judgment Date
28 May 2007
Procedural Posture
Civil / Interlocutor/summary Decree and Proof Before Answer
Outcome
Summary decree granted in favour of pursuer on level crossing issue; proof before answer allowed on drainage issue.
Legal Topics
Statutory Accommodation Crossings, Extinction of Statutory Rights, Obligations Under Railway Clauses Consolidation (scotland) Act 1845, Drainage Obligations, Liability for Acts of Contractors
Property Law Statutory Interpretation Railway Law Statutory Accommodation Crossings Extinction of Statutory Rights Obligations Under Railway Clauses Consolidation (scotland) Act 1845 Drainage Obligations Liability for Acts of Contractors

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Parties

Donald Hugh Robertson

Pursuer

Network Rail Infrastructure Limited

Defender

Procedural Posture

Civil / Interlocutor/summary Decree and Proof Before Answer

Legal Issues

  1. 1 Whether statutory right to accommodation crossing under section 60 of the Railway Clauses Consolidation (Scotland) Act 1845 is extinguished by division and subsequent reunification of land ownership
  2. 2 Whether defenders have continuing statutory obligation to restore and maintain level crossing
  3. 3 Adequacy of pleadings regarding drainage obligations and liability for acts of third parties

Ratio Decidendi

The statutory right to an accommodation crossing under section 60 of the 1845 Act is not extinguished by division of ownership and persists upon reunification. The defenders have a continuing statutory obligation to restore and maintain the crossing. The pleadings regarding drainage obligations are sufficiently specified for proof before answer.

Court Disposition

Summary decree granted in favour of pursuer on level crossing issue; proof before answer allowed on drainage issue.

Orders

  • Defenders to restore the works forming the level crossing at the two points lettered 'G' in blue on the Title Plan for Title Number INV2804 within 90 days and maintain thereafter in terms of section 60 of the Railway Clauses Consolidation (Scotland) Act 1845.
  • Both parties allowed proof before answer on remaining issues.