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WINSOR v BLOOM AND OTHERS; In re RAILTRACK PLC (IN RAILWAY ADMINISTRATION)

Insolvency: railway administration order: application to regulator concerning track access contracts: whether determination requiring leave of court or administrators
Appeal from Sir Andrew Morritt V-C

9 August 2002

THE CLAIMANT, the Rail Regulator, commenced proceedings against the joint special railway administrators of Railtrack Plc, seeking a declaration that s 11(3)(d) of the Insolvency Act 1986, as it applied to companies in railway administration by virtue of s 59(3) of and Sched 6 to the Railways Act 1993, did not cover the determination by the regulator of an application under s 17 of the 1993 Act for directions requiring Railtrack to enter into an access contract allowing another party to operate trains on part of the railway track. The judge held that the s 17 procedure was subject to s 11(3)(d) of the 1986 Act, which provided that during the period for which an administration order was in force ‘no other proceedings’ could be commenced or continued against the company except with the consent of the administrator or the leave of the court, and he refused to make the declaration sought. The regulator appealed. LORD WOOLF CJ said that the regulator and the railway administrators ag...

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