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21 May 2002
ORR/05/02
On 21 May 2002 the High Court ruled that the ability of a railway company to invoke regulatory protection under section 17 of the Railways Act 1993 is constrained by the need first to obtain the consent of the administrators or the leave of the Court.
This ruling was given in response to an application to the Court by the Rail Regulator for a declaration that section 17 is not subject to that additional condition. The Rail Regulator is disappointed by the decision of the Court and today applied for and was granted leave to appeal the matter to the Court of Appeal.
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