Court of Appeal Dismisses HS2 Compulsory Purchase Appeal – Francis Taylor Building

Posted February 6th, 2020 in compensation, compulsory purchase, news, railways, service by sally

‘The case concerned material detriment counter-notices under the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965. Such counter-notices can be given where an acquiring authority is proposing to acquire compulsorily part only of a landowner’s land holding and the landowner wants the authority either to take the whole of his land or to withdraw completely from the proposed acquisition. Material detriment will arise where, when compared to the property as it previously existed, the retained portion of land is less useful or less valuable in some significant degree. Generally speaking, when it receives a counter-notice, the acquiring authority has the choice whether to withdraw from the acquisition, take the whole of the land, or contest whether material detriment arises.’

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Francis Taylor Building, 30th January 2020

Source: www.ftbchambers.co.uk

Rail franchise bid case starts in high court – The Guardian

Posted January 20th, 2020 in compensation, contracts, government departments, news, pensions, railways by sally

‘A high court battle pitting rail operators against the government is due to start on Monday, with Stagecoach and others seeking tens of millions of pounds in compensation in a case that could have far-reaching implications for the privatised rail system.’

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The Guardian, 19th January 2020

Source: www.theguardian.com

Lifting the automatic suspension in procurement claims (Alstom v Network Rail) – Henderson Chambers

Posted January 17th, 2020 in damages, news, public procurement, railways by sally

‘The court provided a closely reasoned judgment granting Network Rail’s application to lift the automatic suspension which arose on issue of a procurement challenge by Alstom pursuant to Regulation 110 of the Utilities Contracts Regulations 2016 (SI 2016/274). The court’s approach and the principles that it employed are likely to be equally applicable to an application to lift the automatic suspension under the Public Contracts Regulations 2015 (SI 2015/102). As the court found that damages would be an adequate remedy for Alstom but not an adequate remedy for Network Rail, Network Rail’s application was granted. Written by Jonathan Lewis, barrister, at Henderson Chambers.’

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Henderson Chambers, 9th January 2020

Source: www.hendersonchambers.co.uk

London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site – Local Government Lawyer

‘The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.’

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Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

Extinction Rebellion trial jury express regret at convicting activists – The Guardian

Posted December 19th, 2019 in climate change, demonstrations, juries, news, railways by sally

‘A jury has expressed its regret at convicting three Extinction Rebellion protesters who glued themselves to a Docklands Light Railway train at Canary Wharf.’

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The Guardian, 18th December 2019

Source: www.theguardian.com

Exhumation and reburial of Captain Matthew Flinders – Law & Religion UK

Posted October 28th, 2019 in burials and cremation, ecclesiastical law, news, railways by tracey

‘This post reviews the secular and ecclesiastical legislation involved in the exhumation of Captain Flinders’ remains, discovered during the archaeological investigation at Euston Station, London, and their reburial in rural Lincolnshire. It updates an earlier post and incorporates the helpful Comments made and subsequent new information, and clarifies the legislative requirements involved.’

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Law & Religion UK, 28th October 2019

Source: www.lawandreligionuk.com

More violent crime reported on British railways – BBC News

Posted September 5th, 2019 in assault, news, police, railways, sexual offences, statistics, theft, violence by tracey

‘Crime recorded on British railways increased by 12% last year including a rise in the number of violent and sexual offences, new figures show.’

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BBC News, 5th September 2019

Source: www.bbc.co.uk

Paddington station: Commuter gets £27k for ‘possible pigeon poo slip’ – BBC News

Posted August 8th, 2019 in compensation, news, personal injuries, railways, statistics by tracey

‘A commuter received £27,602 from Network Rail after “possibly slipping” on pigeon poo at Paddington station. Data obtained by the BBC has revealed Network Rail has paid out nearly £1m in five years for slips, trips and falls at its stations across the UK.’

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BBC News, 8th August 2019

Source: www.bbc.co.uk

Govia Thameslink fined £1m over Gatwick Express window death – BBC News

Posted July 18th, 2019 in accidents, corporate manslaughter, fines, health & safety, news, railways by tracey

‘A rail firm has been fined £1m after a man died leaning out of a train window. Simon Brown, 24, was killed when he hit his head on a steel gantry on the side of the track while on the Gatwick Express in London in August 2016. In May, Govia Thameslink Railway admitted a health and safety breach because a sign saying not to lean out was not displayed clearly enough.’

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BBC News, 17th July 2019

Source: www.bbc.co.uk

Arriva takes UK to court over East Midlands rail franchise – The Guardian

‘Chris Grayling’s embattled transport ministry faces a second legal challenge over the way the East Midlands rail franchise was awarded, from Arriva Rail, owned by Germany’s state-backed Deutsche Bahn.’

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The Guardian, 12th May 2019

Source: www.theguardian.com

TCC decides that new trains for the Piccadilly Line cannot be held up by procurement dispute – Henderson Chambers

Posted December 12th, 2018 in contracting out, damages, news, public procurement, railways, tenders by sally

‘This case somewhat starkly makes clear that where the automatic suspension of a public procurement process is preventing the putting in place of a key public service, it is very unlikely that the court will refuse to lift the suspension on American Cyanamid principles (ACPs). The case also makes clear that challengers cannot assume that commercial confidentiality will be enforced by way of private hearings in public procurement disputes. Written by Adam Heppinstall, barrister at Henderson Chambers.’

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Henderson Chambers, 11th December 2018

Source: www.hendersonchambers.co.uk

New ombudsman gives rail commuters a fast track for complaints – The Guardian

Posted November 26th, 2018 in complaints, news, ombudsmen, railways by tracey

‘Passengers dissatisfied with how train companies handle complaints can now appeal to an independent arbiter, as a new rail ombudsman service comes into force today.
The ombudsman will have binding powers over train firms should it uphold a customer complaint.’

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The Guardian, 26th November 2018

Source: www.theguardian.com

Government not to legislate for level crossings reform – Law Commission

Posted October 9th, 2018 in health & safety, Law Commission, legislation, press releases, railways, transport by tracey

‘The Law Commission for England and Wales and the Scottish Law Commission have noted the UK Government’s decision not to introduce legislation to implement our 2013 joint Report on Level Crossings. Instead, administrative changes are proposed that are very much in the spirit of our recommendations.’

Full press release

law Commission, 8th October 2018

Source: www.lawcom.gov.uk/

Sex offences rise by 16% on trains as railway crime surges – Daily Telegraph

Posted October 5th, 2018 in news, railways, sexual offences, statistics, violence, weapons by tracey

‘A sharp jump in violent and sexual offences has fuelled a 17% increase in crimes recorded on Britain’s railways, official figures show.’

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Daily Telegraph, 5th October 2018

Source: www.telegraph.co.uk

The Knotty Issue of Knotweed – Henderson Chambers

Posted August 9th, 2018 in news, nuisance, railways, trees by sally

‘According to the Crop Protection Association one in ten cases of Knotweed infestation cost property owners more than £4,000, one in five cases see the value of the affected property fall and three in five cause property damage.’

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Henderson Chambers, 27th July 2018

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Court of Appeal Attempts to Cut Gordian Knot(weed) – Hardwicke Chambers

Posted August 9th, 2018 in news, nuisance, railways, trees by sally

‘Common law private nuisance cases involving the invasive non-native plant, Japanese knotweed (JK), received a considerable amount of attention in the county court in 2017 and 2018. In the joined cases of Williams v Network Rail Infrastructure Limited (B20YX969) and Waistell v Network Rail Infrastructure Ltd [2017] UK CC, Mr Recorder Grubb, sitting in Cardiff County Court, awarded damages to the claimants for loss of amenity on the basis that JK on the defendant’s land had diminished the value of the claimants’ land by reason of it rendering the claimants’ land less acceptable as security for mortgage lending, even in the event of the JK on the defendant’s land having been treated (see Article, Japanese knotweed nuisance in the light of Waistell and Smith v Line).’

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Hardwicke Chambers, 6th August 2018

Source: www.hardwicke.co.uk

Japanese Knotweed and Private Nuisance – Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514 – No. 5 Chambers

Posted August 7th, 2018 in news, nuisance, railways, trees by sally

‘Over the past few years there has been increasing awareness about the threat posed by Japanese knotweed and new measures have been introduced to combat its spread.’

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No. 5 Chambers, 16th July 2018

Source: www.no5.com

Council defeats High Court challenge over development at historic railway yard – Local Government Lawyer

Posted August 2nd, 2018 in historic buildings, housing, local government, news, planning, railways by tracey

‘Historic England has failed in a challenge to Milton Keynes Council over its decision to allow a development on part of a historic railway yard.’

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Local Government Lawyer, 1st August 2018

Source: www.localgovernmentlawyer.co.uk

Advertising watchdog rules against Gatwick Express ’30 minutes to London’ claim – The Guardian

Posted August 1st, 2018 in advertising, news, railways by sally

‘The Gatwick Express rail service can no longer claim it can get passengers from the airport to London “in just 30 minutes” after the advertising watchdog found that more than a fifth of its services are delayed.’

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The Guardian, 1st August 2018

Source: www.theguardian.com

Gordian Knot(weed) – Nearly Legal

Posted July 6th, 2018 in damages, injunctions, news, nuisance, railways, trees by tracey

‘Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514. Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be done by licensed organisations). It grows quickly through spreading underground rhizomes and can affect structures if growing within 7 metres of their foundations. It’s presence has to be disclosed on any sale of a property.’

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Nearly Legal, 4th July 2018

Source: nearlylegal.co.uk