Category: railways

Judge gives reasons for granting interim injunction prohibiting anti-HS2 protesters from overnight sleeping and other acts on council land next to construction site – Local Government Lawyer

Posted August 6th, 2020 in demonstrations, injunctions, local government, news, nuisance, railways, reasons, trespass by sally

‘A High Court judge has issued his reasons for last month granting Hillingdon Council a limited interim injunction preventing a number of named defendants and persons unknown from doing certain acts on land at Harefield Moor owned by the council and adjoining the site of construction works for part of the HS2 railway line.’

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Local Government Lawyer, 5th August 2020

Source: www.localgovernmentlawyer.co.uk

Chris Packham loses appeal against HS2 rail project – The Guardian

Posted August 3rd, 2020 in appeals, climate change, coronavirus, environmental protection, judicial review, news, planning, railways by sally

‘The broadcaster Chris Packham has lost his case against HS2 in the court of appeal.’

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The Guardian, 31st July 2020

Source: www.theguardian.com

Rise in injunctions against HS2 protesters – The Guardian

Posted June 16th, 2020 in demonstrations, environmental protection, injunctions, local government, news, railways by sally

‘HS2 protesters have been accused of practising early morning yoga, swimming naked in a lake and “howling at the moon” as a council seeks a high court injunction to stop direct action against the project.’

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The Guardian, 13th June 2020

Source: www.theguardian.com

HS2: Resident loses high court challenge after complaining it could cause homes to collapse – Daily Telegraph

Posted June 5th, 2020 in health & safety, housing, judicial review, news, planning, railways by sally

‘The HS2 tunnels can go ahead, the high court has ruled, after a resident complained the tunnels could cause homes to collapse.’

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Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

EP 107: Climate Change and Lock Down – Thomas Muinzer & David Hart QC – Law Pod UK

Posted April 17th, 2020 in climate change, environmental protection, government departments, news, planning, podcasts, railways, transport by sally

‘Energy expert Thomas Muinzer and David Hart QC discuss the Climate Change Act, the extent to which the UK has reached its own goals for carbon emission reduction, and two recent challenges in the courts to projects involving GHG emissions. This is even more topical, given the recent decision to go ahead HS2, despite the current lockdown.’

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Law Pod UK, 17th April 2020

Source: audioboom.com

Blackpool rail delay compensation scammer jailed – BBC News

Posted April 6th, 2020 in compensation, delay, fraud, imprisonment, news, railways, sentencing by sally

‘A conman funded a “lavish lifestyle” that included trips to Las Vegas by scamming rail delay compensation schemes out of £40,000.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

HS2 wood clearance to go ahead as Chris Packham legal bid fails – The Guardian

Posted April 6th, 2020 in environmental protection, injunctions, judicial review, news, railways by sally

‘The clearing of ancient woods for HS2 is to proceed this month after the high court refused an emergency injunction and judicial review of the government’s decision to proceed with the high-speed railway.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Chris Packham begins legal case to halt HS2 amid coronavirus crisis – The Guardian

Posted March 30th, 2020 in coronavirus, environmental protection, government departments, injunctions, judicial review, news, railways by sally

‘Chris Packham is seeking an urgent injunction to immediately halt HS2’s destruction of ancient woodlands as campaigners criticise construction teams for allegedly ignoring the government’s physical distancing rules for coronavirus and endangering local people.’

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The Guardian, 27th March 2020

Source: www.theguardian.com

HS2: Chris Packham launches legal challenge to rail link – BBC News

Posted March 4th, 2020 in budgets, climate change, delay, environmental protection, news, railways by sally

‘TV naturalist Chris Packham has launched a legal challenge to HS2 high-speed rail link.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

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

Posted January 6th, 2020 in appeals, environmental protection, judicial review, local government, news, planning, railways, transport by sally

‘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

Posted May 13th, 2019 in contracting out, government departments, news, railways, statutory duty, transport by sally

‘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