info
Google Groups no longer supports new Usenet posts or subscriptions. Historical content remains viewable.
Dismiss
Damage to land over the border England/Scotland.
41 views
Skip to first unread message
Vladimir Putin
Feb 10, 2024, 12:51:13 PMFeb 10
to
Too late now it happened a year ago, but I was wondering why a friend didn't manage to sue Network Rail. Water backed up behind their embankment while he was abroad (a pipe became blocked), then knocked the whole embankment through his property, costing £250,000. He told me he couldn't take them to a Scottish court, because Network Rail land is officially English land, even in Scotland. And he couldn't take them to an English court, since the damage occurred on Scottish land. Surely this cannot be true?
Jon Ribbens
Feb 10, 2024, 1:13:14 PMFeb 10
to
country are the "sovereign soil" of another are rarely true (e.g.
embassies). Obviously it may well be true that Network Rail is an
English corporation but I would be a bit surprised if that presented
a significant impediment to suing it in Scotland.
Presumably it wasn't really any of his problem anyway since his
insurerers reimbursed him and it would've been their problem to sue
Network Rail if they wanted to?
David McNeish
Feb 10, 2024, 1:22:02 PMFeb 10
to
On Saturday 10 February 2024 at 17:51:13 UTC, Vladimir Putin wrote:
> Too late now it happened a year ago, but I was wondering why a friend didn't manage to sue Network Rail. Water backed up behind their embankment while he was abroad (a pipe became blocked), then knocked the whole embankment through his property, costing £250,000. He told me he couldn't take them to a Scottish court, because Network Rail land is officially English land, even in Scotland. And he couldn't take them to an English court, since the damage occurred on Scottish land. Surely this cannot be true?
No, it sounds nonsense to me. Where did he get his advice from?
> Too late now it happened a year ago, but I was wondering why a friend didn't manage to sue Network Rail. Water backed up behind their embankment while he was abroad (a pipe became blocked), then knocked the whole embankment through his property, costing £250,000. He told me he couldn't take them to a Scottish court, because Network Rail land is officially English land, even in Scotland. And he couldn't take them to an English court, since the damage occurred on Scottish land. Surely this cannot be true?
And why would a year ago be "too late"?
Yes Network Rail is an English-registered company, but lots of
land in Scotland is owned by "foreign" entities - it doesn't mean
Scots law wouldn't apply to such claims.
Simon Parker
Feb 12, 2024, 4:42:04 AMFeb 12
to
On 10/02/2024 13:59, Vladimir Putin wrote:
> Too late now it happened a year ago, but I was wondering why a friend didn't manage to sue Network Rail. Water backed up behind their embankment while he was abroad (a pipe became blocked), then knocked the whole embankment through his property, costing Ł250,000. He told me he couldn't take them to a Scottish court, because Network Rail land is officially English land, even in Scotland. And he couldn't take them to an English court, since the damage occurred on Scottish land. Surely this cannot be true?
You are correct, this cannot be true.
Network Rail Scotland, with their HQ in Buchanan House in Glasgow, may
be most surprised to hear of the claim that Network Rail land in
Scotland is officially English land. Ditto for the Scottish government
who help fund Network Rail Scotland.
I fear somebody either got confused about what they were told or
somebody has misled them, either deliberately or accidentally.
But the bottom line is that the claim is nonsensical. And, as it
happened a year ago, he is still within time to sue so I don't see the
relevance of that. Perhaps you could clarify?
Regards
S.P.
> Too late now it happened a year ago, but I was wondering why a friend didn't manage to sue Network Rail. Water backed up behind their embankment while he was abroad (a pipe became blocked), then knocked the whole embankment through his property, costing Ł250,000. He told me he couldn't take them to a Scottish court, because Network Rail land is officially English land, even in Scotland. And he couldn't take them to an English court, since the damage occurred on Scottish land. Surely this cannot be true?
You are correct, this cannot be true.
Network Rail Scotland, with their HQ in Buchanan House in Glasgow, may
be most surprised to hear of the claim that Network Rail land in
Scotland is officially English land. Ditto for the Scottish government
who help fund Network Rail Scotland.
I fear somebody either got confused about what they were told or
somebody has misled them, either deliberately or accidentally.
But the bottom line is that the claim is nonsensical. And, as it
happened a year ago, he is still within time to sue so I don't see the
relevance of that. Perhaps you could clarify?
Regards
S.P.
GB
Feb 12, 2024, 12:34:21 PMFeb 12
to
The building being assaulted by a railway embankment doesn't fall into
any of the obvious categories.
I'm also not clear why Network Rail would be liable at all? Just because
bad things happen, does that mean someone is liable?
0 new messages