On 28 Dec 2011 23:14:17 GMT, Denis McMahon
wrote:

On Wed, 28 Dec 2011 06:28:48 -0800, D1039 wrote:

On Dec 28, 2:18*pm, Denis McMahon wrote:
On Wed, 28 Dec 2011 03:11:34 -0800, furnessvale wrote:
Indeed! *Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the
miniscule scrap value the thief gets........but don't hold your
breath.

Maybe it's about time BT and Network Rail started taking civil actions
against the thieves and the scrapyards for the consequential costs
caused by their actions.

A civil judgement for the compensation costs incurred by NR for a 6
hour shutdown on the ECML would probably be enough to close the
scrapyard that paid for the signalling cable involved.

Consequential losses are seldom recoverable in civil actions, as being
too remote.

Perhaps legislation should address this?

Unlikely. If anything the current lot wants to crack down on the
"compensation culture". In any case, once you become the victim of a
victim etc. it becomes increasingly hard to apportion all the blame on
the other end of the chain ("all the local buses were up Glen Faeces
that day so it isn't all our fault anyway"). In many cases it will be
a good bet that even if an action was successful then there would not
be sufficient assets to be seized to cover the claim.

Compensation costs are contractual penalties between NR and TOCs and are
irrecoverable in tort from a third party

Ditto.

Or make the punishment fit the crime, and connect anyone convicted of
involvement in cable theft to a suitable cable. 11Kv would be good.

Rgds

Denis McMahon