High Court claim for damages following a passenger suffering catastrophic injury falling between a platform and a moving train fails

In Robinson v Abellio Great Anglia Ltd. [2018] EWHC 272 (QBD) the claimant fell between the platform and a moving train at Bishop Stortford station suffering amputation of both legs as a result.

He claimed damages against the train company that was operating the train asserting that this accident was due to a system of train dispatch which was negligent.

On 21st February 2018, HHJ McKenna (sitting as a Judge of the High Court) dismissed his claim. This decision is a very important one for the rail industry as the claimant mounted a fundamental challenge to the system of train dispatch used throughout the industry to dispatch driver only operated trains at railway stations.

The judge accepted the case advanced by Derek O'Sullivan QC for the defendant rail company that the national rail industry standards for train dispatch were not negligent and in complying with them the defendant company was therefore not negligent.

Derek was instructed by Dan Mitchell at DWF.