The National Station Access Conditions

 

This Page was Last Updated on 2 September 2010

 

 PART L:   REMEDIES

 

Rule, Clause or Condition

Determination

Date of Hearing

Points made within Determination  (Verbatim extracts given in Italics, or between quotes)

L10   Mitigation

AD19

April 2000

The Committee noted that Station Access Condition L10 reminds the parties that they retain the general obligation in law to mitigate loss or damage resulting from breach of contract.  Whilst noting the extent of the case law on the interpretation of landlords’ obligations to their tenants under leases, and that the essence of one party’s case is that there has been no breach of contract, the Committee took the view that the parties’ behaviour should be assessed in part against such a general obligation.   In this regard

…..”

“it would not be reasonable, given general custom in relation to buried pipes, to expect Railtrack to attach loggers to every tenant’s meter, or to carry out regular testing of the pipes, as had been proposed by CSE.”

“there was a duty on CSE, both as the party with the direct interest in monitoring the consumption of water, and as the only party in a position to influence levels of consumption, to identify its potential loss at the earliest practicable stage, and to give Railtrack the earliest opportunity to meet its obligations.  The two years taken by CSE to identify its possible loss, during which time Railtrack was not prompted to take remedial action, was not reasonable (AD19 paragraphs 10, 10.2 and 10.3)