In a decision of wide significance to London's rail commuters, on Monday 24th October Her Honour Judge Williams allowed Sergei Cristo's appeal and overturned the earlier ruling of District Judge Bell to strike out his claim against Southern Railway. Simon Goldstone, a barrister representing Mr Cristo, successfully argued that there might come a point where a rail service provider breaches its duties under the Supply of Goods and Services Act 1982.

Simon Goldstone commented:

“For Mr Cristo, who had been prepared to endure cramped, standing conditions for his 45 minute daily commute from Earlswood to London Bridge, that point was reached when he was physically unable to board his commuter service. Her Honour Judge Williams accepted that Mr Cristo might be entitled to damages outside of the regime set down in the National Rail Conditions of Carriage. Southern Railway, who had spent over £15,000 on legal fees in their attempt to shut out Mr Cristo's claim, now face a fully contested trial.”

Crispin Blunt MP supports Mr Cristo in bringing this case and commented:

“There is a point of principle at stake in this case: that train operating companies should not be able to let down their paying customers forcing them to endure intolerable travelling conditions and delays on a sustained basis, comprehensively breaching their contracted responsibility to deliver a service on a prolonged basis.

“This case from 2014 is plainly strong. It is obvious that passengers suffering the increased disruption in 2015 and 2016 will be watching this with care. I am delighted that Judge Williams has enabled the justice system to hear this important case, giving hope that it might deliver some fairness.”

The hearing is likely to be held in early 2017.