HSBC RAIL (UK) LIMITED v NETWORK RAIL INFRASTRUCTURE LIMITED (Formerly Railtrack plc)

[2005] 2 Lloyd's Rep. 343

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice David Steel

Negligence - Rolling stock damaged as result of Hatfield crash - Rolling stock leased by owner to train operating company at time of crash - Insurer paying for repairs and bringing subrogated proceedings in name of owner of rolling stock - Owner of rolling stock having reversionary interest only - Whether owner entitled to sue - Whether damage to rolling stock constituted permanent injury - Whether insurer entitled to sue in reversioner’s name by way of subrogation.