1st November 2016
On Monday 24th October,Her Honour Judge Williams handed down a ruling which will be of significant interest to all London rail commuters, and in particular Southern Rail commuters who face yet more disruption this week.
Her Honour Judge Williams allowed Sergei Cristo’s appeal and overturned the earlier ruling of District Judge Bell. Simon Goldstone, representing Mr Cristo, successfully argued that there might come a point where a rail service provider breaches its duties under the Supply of Goods and Services Act 1982. Simon added “For Mr Cristo, who had been prepared to endure cramped, standing conditions for his 45 minute daily commute from Earlswood to London Bridge, that point was reached when he was physically unable to board his commuter service. Her Honour Judge Williams accepted that Mr Cristo might be entitled to damages outside of the regime set down in the National Rail Conditions of Carriage.”
Simon Goldstone will continue to represent Mr Cristo on a pro-bono basis, with a fully contested trial likely to be held in early 2017.
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