News

TCC Judgment in a negligence claim addressing the recoverability of foreseeable economic loss following a negligent act
21 July 2010

Andrew Prynne QC appeared for the Defendants.  The court held that Network Rail was entitled to recover damages against the Defendant in tort equal to Network Rail's contractual liability to Train Operators under its Track Access Agreements to pay a substantial pre-set performance payment, under the contractual incentive scheme. The claim was neither pure economic loss nor too remote or unforeseeable and thus recoverable.

The judgment can be found on Lawtel: Network Rail v Conarken Group Ltd (Akenhead J) [2010] EWHC 1852.