Train driver traumatised by death on tracks fights loss of compensation – The Independent

‘It was around midday on 31 March 2012 that Nik Douglas’s life changed forever. The 37-year-old train driver was travelling through Northallerton station on the way to Newcastle when he saw a man in his sixties standing alone on the platform. He thought nothing of the lone figure, turning instead to check the opposite platform. By the time Mr Douglas looked back again, the man was crouching on the tracks in front of his train. But because of a recent change in the law, Mr Douglas could be the last person in the country to receive compensation for such trauma.’

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The Independent, 5th May 2014

Source: www.independent.co.uk

Network Rail apologises to families over level crossing deaths – BBC News

Posted March 7th, 2014 in accidents, health & safety, news, railways by tracey

‘Network Rail has offered a “full and unreserved apology” to families bereaved by level crossing accidents. Chief executive Mark Carne apologised for “failings” in managing public safety and for “failing to deal sensitively” with affected families. Since 2010 the risk at level crossings had been reduced by a quarter, it said. The apology came as MPs published a report heavily critical of the way the rail infrastructure company had handled tragedies in the past.’

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BBC News, 7th March 2014

Source: www.bbc.co.uk

Most train users unaware of rights, says rail regulator – BBC News

Posted February 21st, 2014 in codes of practice, compensation, consumer protection, news, railways by sally

‘Most train passengers are unaware of their rights to compensation after cancellations or delays, the rail regulator has said.’

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BBC News, 21st February 2014

Source: www.bbc.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Mark Elliot: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law – UK Constitutional Law Group

‘Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK Human Rights Blog. This post is concerned only with one aspect of the decision, and with some very interesting dicta concerning not only the relationship between UK and EU law, but the nature of the UK’s constitutional order itself.’

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UK Constitutional Law Group, 23rd January 2014

Source: www.ukconstitutionallaw.org

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents); R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents); R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) – Supreme Court

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0172; R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0173; R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) UKSC 2013/0187

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court rejects HS2 legal bid – BBC News

Posted January 22nd, 2014 in bills, consultations, EC law, environmental protection, news, railways by sally

‘The Supreme Court has rejected a legal bid by objectors of the HS2 national high-speed rail link to force further scrutiny of the government’s plans.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

Network Rail appeal over Beccles crossing fine rejected – BBC News

Posted January 20th, 2014 in accidents, appeals, fines, health & safety, news, railways by sally

‘A rail firm has been told a £500,000 fine imposed after a boy was seriously injured in a crash on a Suffolk level crossing could have been much higher.’

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BBC News, 17th January 2014

Source: www.bbc.co.uk

Commuters could be in line for savings following court case – Daily Telegraph

Posted October 8th, 2013 in consumer protection, costs, news, railways by sally

“A commuter’s court victory could see hundreds of passengers demanding cheaper season tickets as train operators move to plug a ‘loophole’ which he exploited.”

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Daily Telegraph, 8th October 2013

Source: www.telegraph.co.uk

Reforming the law on level crossings – Law Commission

Posted September 25th, 2013 in health & safety, Law Commission, news, railways, regulations, reports by sally

“The Law Commission for England and Wales and the Scottish Law Commission have published a joint report on the law governing level crossings.”

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Law Commission, 25th September 2013

Source: www.lawcommission.justice.gov.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same [2013] EWCA Civ 920; [2013] WLR (D) 308

“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

HS2 challenges fail but powerful dissent – UK Human Rights Blog

Posted July 26th, 2013 in appeals, EC law, environmental protection, news, planning, railways by sally

“HS2 is the proposed high speed rail link to Birmingham and beyond. Its opponents sought to challenge the decision to promote it by way of a hybrid Bill in Parliament, saying that the process as a whole breached the various EU rules, including the need for Strategic Environmental Assessment under the Strategic Environmental Assessment Directive 2001/42/EC and the Environmental Impact Assessment Directive 2011/92/EU.”

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UK Human Rights Blog, 26th July 2013

Source: www.ukhumanrightsblog.com

HS2 challenge rejected by Court of Appeal – BBC News

Posted July 24th, 2013 in appeals, environmental protection, local government, news, railways by tracey

“The latest legal challenge to the HS2 high-speed rail project has been rejected by the Court of Appeal.”

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BBC News, 24th July 2013

Source: www.bbc.co.uk

Infrastructure Cost Review highlights important new efficiency initiatives, says expert – OUT-LAW.com

Posted June 18th, 2013 in costs, environmental protection, news, railways, reports by sally

“A Government-backed efficiency report seeks to answer some of the criticisms of national infrastructure policy, while highlighting some important new initiatives, an expert has said.”

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OUT-LAW.com, 18th June 2013

Source: www.out-law.com

Protesters launch appeal against HS2 High Court ruling – BBC News

“A protest group is to appeal against a High Court ruling that effectively gave the go ahead to the London-Birmingham section of the HS2 high-speed railway.”

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BBC News, 29th May 2013

Source: www.bbc.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another – WLR Daily

Posted March 27th, 2013 in consultations, law reports, planning, railways by tracey

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another: [2013] EWHC 481 (Admin);   [2013] WLR (D)  122

“A command paper setting out the Government’s proposed strategy for the development of a high speed rail network followed after consultation by an announcement of decisions and next steps was not an administrative provision requiring a plan or programme necessitating an environmental assessment under the terms of the Strategic Environmental Assessment Directive 2001/42/EC.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

Setback for high speed rail after High Court ruling – Daily Telegraph

Posted March 15th, 2013 in consultations, environmental protection, judicial review, news, railways by tracey

“The Government’s HS2 high-speed rail scheme suffered a setback today when the
High Court ruled that the consultation process for compensating those affected
by the multibillion-pound project ‘was so unfair as to be unlawful’.”

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Daily Telegraph, 15th March 2013

Source: www.telegraph.co.uk

High Court to rule on bid to derail HS2 – Daily Telegraph

Posted March 15th, 2013 in consultations, environmental protection, judicial review, news, railways by tracey

“Opponents are asking a judge in London to declare in a series of five cases that
the multi-billion pound project is legally flawed and must be sent back for
reconsideration.”

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Daily Telegraph, 15th March 2013

Source: www.telegraph.co.uk

Runaway Tube train: Operators fined £300,000 – BBC News

Posted March 1st, 2013 in fines, health & safety, news, railways by tracey

“Three transport companies have been fined £300,000 after a runaway train came
within 2,000ft (600m) of crashing into a packed tube train.”

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BBC News, 28th February 2013

Source: www.bbc.co.uk

Lawyers on the line: high-speed rail plan faces 10-year delay – The Independent

Posted January 29th, 2013 in consultations, delay, judicial review, news, planning, railways by sally

“Britain’s HS2 high-speed rail line could be delayed for a decade as a unified coalition of Conservative councils, MPs and environmental groups threaten disruptive legal action.”

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The Independent, 28th January 2013

Source: www.independent.co.uk