Altnabreac station and the various legal disputes around it

[Baxenden Bank]

For avoidance of doubt, all their claims to land beyond that shown on CTH7726 are dead, are they not?

The EE ruling was that their land is limited to CTH7726, and the court dismissed their claim against NR when they didn't turn up.

I don't think it is that clear cut. CTH7726 is what it is. That is what is currently registered and stands until it is disputed and such claim is accepted/dismissed. A claim that the title is incorrect could be submitted at any time. Whether such a claim has any merit is a different matter. The opinion issued by Lord Lake alludes to this in that he had seen a draft by Appleby.

[29] The first defender is entitled to complete his right to the solum of the railway line by means of Notice of Title as explained in the Note of Arguments. <snip> A draft Notice of Title had been lodged by the defenders. It was submitted that the first defender is gathering “what is required” to lodge the application.

I assume the railway / platform / level crossing is not on the current register therefore creating wiggle room for people to attempt to claim ownership and forcing the rightful owners to delve into bundles of old legal documents going back to the original purchase at the time of the railways' construction and subsequent transfer through grouping, nationalisation, privatisation, renationalisation of Railtrack etc.
Notice of Title (Railtrack ref G/189 and dated 1995) contains a detailed plan which differs from CTH7726.

 

[Dan G]

A claim that the title is incorrect could be submitted at any time.

I think if they had any evidence they would have submitted it by now. They've lost the EE case and didn't turn up for their attempts to pursue a civil action against NR so that's over for them.

 

[Straus]

It's quite frustrating to think of all the productive work everyone involved in this process could be doing, but can't because they need to deal with this silliness.

 

[CarrotPie]

Not wanting to read all 55 pages of this thread, what's the status at Altnabreac at the moment?

 

[styles]

Not wanting to read all 55 pages of this thread, what's the status at Altnabreac at the moment?

Trains are running as normal, still a request stop, bits of platform furniture have been removed, a way of bypassing the cottage owners driveway has been created by Network Rail, some services cancelled or delayed when the heavy snow has fallen recently. People tend to report the cottage owners are amicable in conversation, though I think I'd give it a swerve.

 

[CarrotPie]

Trains are running as normal, still a request stop, bits of platform furniture have been removed, a way of bypassing the cottage owners driveway has been created by Network Rail, some services cancelled or delayed when the heavy snow has fallen recently. People tend to report the cottage owners are amicable in conversation, though I think I'd give it a swerve.

Clear and concise; thanks very much!

 

[styles]

I think if they had any evidence they would have submitted it by now. They've lost the EE case and didn't turn up for their attempts to pursue a civil action against NR so that's over for them.

They haven't strictly lost the EE case yet, but the opinion issued is that they're going to unless this new evidence they have from the sale of the old schoolhouse next door turns out to be revelationary.

 

[Dan G]

Aiui Lord Lake has ruled out any evidence stemming from the Schoolhouse sale. Nothing to stop Appleby going on about it online, but legally it's dead.

I really do think Appleby's claims are finished; they're now facing paying EE's costs, and two criminal trials.

 

[styles]

Aiui Lord Lake has ruled out any evidence stemming from the Schoolhouse sale. Nothing to stop Appleby going on about it online, but legally it's dead.

I really do think Appleby's claims are finished; they're now facing paying EE's costs, and two criminal trials.

At the last hearing he specifically said they should submit this supposed new evidence if they wish, and he will consider whether to hear it or not, though he did basically say it doesn't sound promising. It sounds from the clerk on the 14th of Jan that they filed it, then themselves withdrew it. We will find the next bit out in a couple of weeks though so not long to wait!

Wonder if they'll appear in Wick tomorrow for the intermediate diet on their Network Rail case.

 

[70014IronDuke]

It's quite frustrating to think of all the productive work everyone involved in this process could be doing, but can't because they need to deal with this silliness.

Like button, please.

At the last hearing he specifically said they should submit this supposed new evidence if they wish, and he will consider whether to hear it or not, though he did basically say it doesn't sound promising. It sounds from the clerk on the 14th of Jan that they filed it, then themselves withdrew it. We will find the next bit out in a couple of weeks though so not long to wait!

Wonder if they'll appear in Wick tomorrow for the intermediate diet on their Network Rail case.

Thank you for all your reporting and analysis, Sir!

Never in human history have so many train services been so interrupted at such an unimportant station at so much cost by such petty legal etc etc ... Winston would have said it, were he here.

 

[Cach17]

I really do think Appleby's claims are finished;

I wouldn't underestimate Mr. Appleby's hole digging abilities if I were you.

 

[Singlespeed]

At the last hearing he specifically said they should submit this supposed new evidence if they wish, and he will consider whether to hear it or not, though he did basically say it doesn't sound promising. It sounds from the clerk on the 14th of Jan that they filed it, then themselves withdrew it. We will find the next bit out in a couple of weeks though so not long to wait!

Wonder if they'll appear in Wick tomorrow for the intermediate diet on their Network Rail case.

They did raise a motion, which probably related to the School house sale and the preemption. But they withdrew it th day before the hearing.

When the school house was going to be transferred into the Sinclair families Trust, Sinclair registered a small area of the property for him to have a right of first refusal (preemption) . From the measurements, I guess this was the classroom area and entrance hall and this right of first refusal was to protect the school if the trust decided to sell the property whilst there was potential for the school reopening.

Obviously there's no connection of Appleby to the Sinclairs or the school, so even mentioning preemption must have been intended to waste court time. Raising a motion and having a hearing scheduled and cancelled with less than 24h notice is definitely a strange move.

 

[styles]

Seems like on Monday at the intermediate diet, the couple attended and presented an argument to have the hearing on the 19th set aside, citing oppression (similar to 'abuse of process'). Naturally this was opposed on behalf of the PF. A decision on that to be made this week.

Would be interested to know what the alleged oppression is, and what the Crown's response to that will be.

https://archive.is/20260203142539/https://www.johnogroat-journal.co.uk/news/the-delayed-trial-of-altnabreac-couple-is-expected-to-arrive-426256/

Arrangements have been finalised for the trial of a Caithness-based couple accused of standing in the path of trains on the far north line.

Ian Appleby and Elizabeth Howe are charged with acting culpably and recklessly to the danger of themselves, passengers and train staff.

The pair, who live at the former station house in Altnabreac, appeared at Wick Sheriff Court on Monday and confirmed their not guilty pleas.

Sheriff Neil Wilson heard they have been given access to Crown evidence, including video footage of the alleged incident at the level crossing near their home on March 1, 2024.

They also intimated that they would be lodging a plea in advance of the trial on February 19 alleging “oppression and abuse of process”.

Appleby (48) and Howe (49) are accused of having “utter disregard for the consequences” by crossing barriers when trains were approaching.

They also deny shouting, swearing and making abusive comments towards two police constables and seizing one of them on the body and struggling with him.

 

[Baxenden Bank]

Seems like on Monday at the intermediate diet, the couple attended and presented an argument to have the hearing on the 19th set aside, citing oppression (similar to 'abuse of process'). Naturally this was opposed on behalf of the PF. A decision on that to be made this week.

Would be interested to know what the alleged oppression is, and what the Crown's response to that will be.

Being forced to attend court (when chickens need to be fed).
Being forced to defend oneself (against tyrannical oppressors, agents of the state and similar).
Being forced to provide evidence to support assertions made in ones defence statement.
Being forced to attend court to present ones own case when acting as pursuer (plaintiff).
Being forced to provide evidence to support assertions made in ones claim as pursuer.

And I could probably think of some more!

Hopefully, the response will be 'you have had more than enough time, put up or shut up'. But the law will more likely continue bending over backwards to show that no injustice (human rights act etc) could possibly have been done, regardless of the rights of the other parties to get on with their day job and not incur significant costs time and time again. It keeps the court staff in a job I suppose.

 

[styles]

Obviously there's no connection of Appleby to the Sinclairs or the school, so even mentioning preemption must have been intended to waste court time. Raising a motion and having a hearing scheduled and cancelled with less than 24h notice is definitely a strange move.

It's a strange move which may even cost them more money in the form of EE's legal expenses spending time reviewing the motion, preparing to counter it, etc.

 

[Baxenden Bank]

It's a strange move which may even cost them more money in the form of EE's legal expenses spending time reviewing the motion, preparing to counter it, etc.

I strongly suspect that their net wealth (ignoring issues surrounding the distribution of the family estate) has already been exceeded by a considerable margin. They have nothing further to lose.

 

[styles]

I strongly suspect that their net wealth (ignoring issues surrounding the distribution of the family estate) has already been exceeded by a considerable margin. They have nothing further to lose.

It's an interesting thought actually. I'm not particularly interested in the couple themselves, their background, or financial position. I'm interested in the legal aspects and the access.

But if I were a defendant in proceedings where I looked to lose all of my assets, I would potentially take that strategy of trying anything and everything to either have it discontinued or delayed. Not suggesting this is what the couple are doing (I think they're quite confident that they're in the right), but if they were, it would make sense.

 

[Mcv378]

Description: Video shows Ian at the level crossing and threatening to block off the line to all passing trains

 

[styles]

Well, this seems like a bold strategy.

Isn't uploading evidence about a case while proceedings are active, knowing they are active, contempt, and strict liability at that?

I am not convinced that standing on a level crossing ~600metres away from a station can be considered requesting a train to stop at said station, but I suppose that's for the court to decide.

 

[norbitonflyer]

Notice that the telephones to contact the signallers before using the crossing with a vehicle are in the ditch, which is probably why the TSR was in place.
He demonstrates, at the station, how to request a train to stop, but moves his arms which is not the approved way - you should hold your outstretched arm steady. Waving your arms is for emergencies.

Appleby has been very careful up to now to conceal his face, although there was one slip in one "vijeo" when it appeared reflected in a window. But in this video we get to see it at last.

 

[pokemonsuper9]

View attachment 197628

Description: Video shows Ian at the level crossing and threatening to block off the line to all passing trains

The train they blocked was almost certainly 2H61 0700 Inverness to Wick, which lost 10 minutes between Forsinard and Georgemas Junction. They could have at least delayed them an extra minute so the passengers would be able to get delay repay at Thurso and Wick.

https://www.realtimetrains.co.uk/service/gb-nr:W56769/2024-03-01/detailed#allox_id=0

They're definitely waching us, most of the negative coments on their video they've replied to claiming it's us.
Hi!

 

[styles]

Notice that the telephones to contact the signallers before using the crossing with a vehicle are in the ditch, which is probably why the TSR was in place.
He demonstrates, at the station, how to request a train to stop, but moves his arms which is not the approved way - you should hold your outstretched arm steady. Waving your arms is for emergencies.

In fairness, regardless of this specific ongoing situation, I think a passenger at a station trying to stop a train for a request stop probably ought to be able to use pretty much any (reasonable) signal. I wouldn't choose a recognised railway hand signal personally, but the average passenger probably doesn't know what they are so they could inadvertently use them anyway.

== Doublepost prevention - post automatically merged: 7 Feb 2026 ==

Also I believe this station had an electronic request stop button, but it was taken out, along with some other platform furniture.

 

[alex397]

Is this bizarre behaviour an arrestable offence?

 

[styles]

Is this bizarre behaviour an arrestable offence?

They've been arrested for it already (originally trespass, then changed to culpable and reckless conduct). They have ongoing proceedings in Wick Sheriff Court. They've had some run-ins with the specific sheriffs so far (see the start of the recent video), and there's been a delay getting evidence shown, and weather disruption, so things have been pushed back a few times.

 

[Trainguy34]

They're definitely waching us, most of the negative coments on their video they've replied to claiming it's us.
Hi!
View attachment 197630

All publicity is good publicity and all that!

 

[alex397]

They've been arrested for it already (originally trespass, then changed to culpable and reckless conduct). They have ongoing proceedings in Wick Sheriff Court. They've had some run-ins with the specific sheriffs so far (see the start of the recent video), and there's been a delay getting evidence shown, and weather disruption, so things have been pushed back a few times.

Interesting, thanks for the info. I’ve just twigged that the RTT link in #1641 was from 2024.

 

[styles]

Interesting, thanks for the info. I’ve just twigged that the RTT link was from 2024.

Yeah it was quite a while ago.

I am not sure if the England & Wales legal system is quite the same in this regard, but it seems the Scottish legal system provides a lot of opportunity to object to the way the legal proceedings have been, or are being, handled. The couple have exercised these rights, which they're entitled to, by lodging motions. Naturally this has slowed things down quite a bit. Add to the mix things like heavy snow, the availability of legal workers, receipt/acknowledgement of evidence being delayed, and sort of "spin off" proceedings of contempt of court for alleged recording of court proceedings in this case etc, and it's just taken quite a long time. This case should be heard in Wick later this month, in theory, assuming they've been shown the last piece of Crown evidence (~90 minutes of CCTV footage).

 

[norbitonflyer]

The train they blocked was almost certainly 2H61 0700 Inverness to Wick, which lost 10 minutes between Forsinard and Georgemas Junction. They could have at least delayed them an extra minute so the passengers would be able to get delay repay at Thurso and Wick.

The unit is 158715, if that helps identify which service it was

 

[styles]

The unit is 158715, if that helps identify which service it was

They stopped four services that day, so they say.

 

[AndrewE]

This reminds me of a couple of people I have encountered in my life who make trouble even though they are obviously in the wrong, and before you can get a resolution of the issue they start something even more outrageous, urgent and potentially damaging to distract you from the first.

Trump comes to mind too...