THE Transport Secretary has just a day left to decide whether Southern is to blame for the trains crisis or face a judicial review.

Chris Grayling has until 4pm tomorrow to make the move in order to comply with a High Court ruling made last month.

It comes after Brighton-based campaign group the Association of British Commuters (ABC) took the Department for Transport to court over its handling of the Southern Railway crisis.

It called for a judicial review to look at how the contract between the Government department and the company was drawn up and fulfilled.

Justice Duncan Ouseley handed Grayling a 14-day deadline to inform the train company’s operator Govia Thameslink Railway of his decision but warned if he missed this, the matter would automatically become the subject of a review.

The company claimed unforeseeable circumstances, branded in legal terms as force majeure, prevented them from fulfilling the demands of their contract in many incidents over the last year when commuters experienced delays amid industrial action, staff shortages and other problems.

The department needs to decide if each incident the company has claimed force majeure for is valid and if it will be granted. It previously said it was “more than happy” to respond within the time frame.

Campaigner Emily Yates said commuters eagerly await news of the decision.