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  1. DaveNewcastle

    Commuter slips under train at Bishops Stortford, loses both legs but survives (January 2013)

    I won't comment on the firms instructed by either party, and they both instructed competent Counsel, but I will say this about their representation :- While the decision to dismiss the Claim was, in my opinion, the most reasonable outcome based on the Evidence and on the Law presented to the...
  2. DaveNewcastle

    Commuter slips under train at Bishops Stortford, loses both legs but survives (January 2013)

    I doubt that very much, might never be, but I'd hope so. If not then I guess I could scan my hard copy.
  3. DaveNewcastle

    Commuter slips under train at Bishops Stortford, loses both legs but survives (January 2013)

    Yes. He exited the train, walked away, claimed to remember having left his wallet on board, runs back down the platform, turns towards the train and walks right up to a window as it departs, with one foot over the edge. The claim was for £1.9mil based on several counts: negligent to operate...
  4. DaveNewcastle

    Commuter slips under train at Bishops Stortford, loses both legs but survives (January 2013)

    Matthew Robinson's claim was dismissed this morning. The Judgement concludes that he failed to establish any breach of duty, or to establish any causation. More detail to follow.
  5. DaveNewcastle

    *Settled* Summons For Traveling Without Tick & False Info

    from your remark "they would be committing an offence . . . . . Let's guess who would be prosecuted" which is a remark which appears likely to raise the option of a prosecution in Person1's mind. It did that in my mind. And it is perfectly possible for Person1 to do so. What in fact I am doing...
  6. DaveNewcastle

    Trivia: curious headcode coincidences?

    On weekdays at Kings Cross, we can find :- 1S30 which runs as 1830 to Edinburgh
  7. DaveNewcastle

    *Settled* Summons For Traveling Without Tick & False Info

    Person1, I think that some of the people who are responding to your request for assistance are having a little conversation among themselves which you should NOT take as advice. In particular, I strongly advise you NOT to follow 'ForTheLoveOf's suggestion of prosecuting the Railway Company under...
  8. DaveNewcastle

    GTR Great Northern Line carnet ticket

    Hi cuccir. I guess my remark was aimed at Blip (the OP) who would probably have recognised the distinction I was making, but to answer your question and to give clarity to others, it is a very small point in terms of the words used, but it is a potentially very significant point in terms of the...
  9. DaveNewcastle

    Crossrail 2 on the Tube Map

    A'hem ! Wouldn't it be appropriate to include Thameslink ? Even essential ?
  10. DaveNewcastle

    Why can HS2 go faster?

    Really? I find that 125 over the Hambleton Junctions is uncomfortable. So for the 5 miles between Temple Hirst and Hambleton Sth., and the 8 miles between Hambleton Nth. and Colton, it's hardly worth attempting anything faster.
  11. DaveNewcastle

    GTR Great Northern Line carnet ticket

    I agree with the advice given above, (though I'm sure that most law firms with a specialisation in Criminal Defence work will be able to assist you equally effectively), but I was struck by something that was missing from your account of the incident. If you repeat that account to, either the...
  12. DaveNewcastle

    *Settled* Summons For Traveling Without Tick & False Info

    I agree entirely with the advice given by najaB. But I want to add another consideration into this question of an 'out of court settlement' for you to reflect on. The Company is at liberty to accept a compensatory settlement at its discretion, whether just by correspondence, by correspondence...
  13. DaveNewcastle

    Legal definition of "first class"?

    A passenger who holds a ticket which confirms their contract to be carried on a certain journey by rail, in a specified class of accommodation, on the train on which they are actually travelling, may, at their discretion, choose to travel in a lower class of accommodation with impunity.
  14. DaveNewcastle

    Penalty fare - invalid railcard discount appeal help needed!

    It's unfortunate that this conversation has strayed from the subject and from helpful advice, because I feel compelled to challenge this post in case it misleads anyone else, taking this thread further off topic: I regret that this is misleading on two counts :- 1. The statement above is NOT...
  15. DaveNewcastle

    How to contact London Midland after court summons?

    The Court will be your friend ! Ask the Court front office to agree to an adjournment (with the reason that you wish to seek a resolution with the Company) and also ask the Court for the address of the prosecution so that you can serve documents and/or attempt an Alternative Dispute Resolution...
  16. DaveNewcastle

    RoRA S5: Discussion around 'without having previously paid his fare'

    What I and others are explaining is this :- If Magistrates were acting in the administration of Justice (such as hearing a Criminal Prosecution and then convicting the Accused) without a Clerk or other Legal Advisor present, then the procedure was incorrect, and the enforcement of any order or...
  17. DaveNewcastle

    RoRA S5: Discussion around 'without having previously paid his fare'

    The Criminal Procedure Rules (CPR) clearly require a Magistrates Bench to site with the assistance of a Clerk for the overriding objective of administering Justice (CPR VI 24A). Rules 24.A.3 and A.4 allow those functions of the Clerk to be delegated. However, I suspect that in the incident...
  18. DaveNewcastle

    Commuter slips under train at Bishops Stortford, loses both legs but survives (January 2013)

    The bundles of evidence won't be only any website. I don't know what RAIB report was in the bundle (which I had assumed was a report into Mr Robinson's incident, but forum member 4096 has advised otherwise), so I can't help you locate what report it might have been ; there are some high profile...
  19. DaveNewcastle

    Commuter slips under train at Bishops Stortford, loses both legs but survives (January 2013)

    My apologies to everyone. There is a RAIB report as an appendix in the bundles of Evidence presented in Court this week, and which was referred to in cross-examination of the Claimant's expert witness. But I didn't read it. I had assumed it was a report into Mr Robinson's incident at Bishop's...
  20. DaveNewcastle

    Commuter slips under train at Bishops Stortford, loses both legs but survives (January 2013)

    This incident was the subject of a RAIB investigation and then a civil claim by the injured man against the railway operator. That claim is being heard in the High Court this week : as Robinson v Abellio Great Eastern Ltd, with expert witnesses from both sides, including CCTV images from the...

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