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HSBC Rail (UK) Ltd. -v- Network Rail Infrastructure Ltd.

25th Nov 2005

[2006] 1 W.L.R. 643; [2006] 1 Lloyd’s Rep. 358; [2006] 1 All ER 343; [2006] 1 All ER (Comm) 345

Christopher Butcher QC leading James Brocklebank, appeared on the appeal on behalf of HSBC Rail in a case arising out of the Hatfield rail crash. The appeal raised the question of the title to sue of an owner with a reversionary interest in property and with no immediate right to possession. James and Christopher also acted in related arbitration proceedings concerning damage to rolling stock caused by the Hatfield crash.

Bailment – Damage to bailed chattel – Reversionary interest – Bailor leasing train rolling stock to bailee – Rolling stock damaged in train derailment – Bailor having reversionary title only with no right to possession – Whether entitled to recover damages from negligent track operator

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