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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Collins-Williamson v Silverlink Train Services Ltd [2009] EWCA Civ 458 (25 March 2009) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2009/458.html Cite as: [2009] EWCA Civ 458 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(HIS HONOUR JUDGE REDDIHOUGH)
Strand, London, WC2A 2LL |
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B e f o r e :
and
LORD JUSTICE MOORE-BICK
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COLLINS-WILLIAMSON |
Applicant |
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- and - |
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SILVERLINK TRAIN SERVICES LTD |
Respondent |
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WordWave International Limited
A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr D Melville QC (instructed by Kester Cunningham John) appeared on behalf of the Respondent.
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Crown Copyright ©
Lord Justice Pill:
"On the balance or probabilities the claimant was behaving in this way over a distance nearing 14 metres, that being the distance between the door from which he alighted up to the rear end of the middle carriage, which I find was the point near to which he fell. In relation to this there was evidence contained in Mr Peterson's report that blood stains were found on the front of the rear carriage."
The judge, having considered the timings, went on to say, at paragraph 61:
"It must follow from the preceding findings that, albeit the claimant's fall occurred after the guard boarded the train, there was a period of time when the guard was on the platform and the claimant was engaging in his drunken behaviour close to the train. In my judgment the guard should have been checking the platform carefully right up to the moment he finally boarded the train, especially bearing in mind the gaps there are by the train at that station. If he had been doing that he should or would have seen the claimant. He would have realised he was in a potentially dangerous position and he was apparently drunk."
Lord Justice Moore-Bick:
Order: Application granted