The claimant, the Rail regulator appealed a decision that he had to apply to court for directions under the 1986 Act before allowing other rail operators access to the track after the company had gone into railway administration.
Held: Section 17 of the 1993 Act was sufficient to allow the regulator to make such an order without first approaching the court. In exercising the power the regulator had to have regard to the interests of others which would not be reflected in insolvency proceedings, and the importance of that role overrode if necessary the interests in the company.
Judges:
Lord Woolf, Lord Chief Justice, Lord Justice Waller and Lord Justice Robert Walker
Citations:
Times 15-Jul-2002, Gazette 12-Sep-2002, [2002] EWCA Civ 955, [2002] 1 WLR 3002, [2002] 4 All ER 435, [2002] 2 BCLC 755
Links:
Statutes:
Railways Act 1993 17, Insolvency Act 1986 11(3)(d)
Jurisdiction:
England and Wales
Utilities, Administrative, Insolvency
Updated: 29 August 2022; Ref: scu.174325