The claimant sought damages in nuisance from the defendants saying that a channel for which they were responsible flooded causing damage. The defendant appealed a finding that the culvert had become a sewer. It had been a natural stream, but had been covered over and was now entirely surrounded by concrete. The second defendant appealed … Continue reading Raglan Housing Association Ltd v Southampton City Council and Southern Water Services Ltd: CA 30 Jul 2007
Judges: Laws, Tomlinson, Kitchin LJJ Citations: [2012] EWCA Civ 218, [2012] PTSR 1147 Links: Bailii Statutes: Water Industry Act 1991 Jurisdiction: England and Wales Utilities Updated: 05 October 2022; Ref: scu.451733
COMPENSATION – water – disturbance resulting from installation of water main across agricultural land – surveyor’s fee – all other surveyor’s fees in connection with the works based on Ryde’s scale (1996) plus 20 per cent – whether claimant’s surveyor entitled to a higher fee based on amount of time spent – surveyor’s fee determined … Continue reading Poole v South West Water Ltd: UTLC 9 Mar 2011
The water company sought to refuse to allow the developer to connect to the public sewer at a point where, it said, the system would overflow. Held: The developer’s appeal succeeded. The statute provided only narrow grounds for refusing a connection, relating solely to the mode of construction and condition of the connecting drain.Lawrence Collins … Continue reading Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): CA 28 Nov 2008
Judges: The Master of the Rolls Lord Justice Laws Lady Justice Smith Citations: [2006] EWCA Civ 633, [2006] Env LR 42, [2006] 21 EG 131 Links: Bailii Statutes: Water Industry Act 1991 Jurisdiction: England and Wales Citing: Appeal from – United Utilities Water Plc v The Environment Agency for England and Wales QBD 13-Jan-2006 . … Continue reading United Utilities Water Plc v Environment Agency for England and Wales: CA 19 May 2006
Appeal against appointment of another company to be water and sewerage undertaker for a development site under measures being used to generate competition between water suppliers. Judges: Mitting J Citations: [2010] UKCLR 469, [2009] EWHC 3493 (Admin) Links: Bailii Statutes: Water Industry Act 1991 Utilities Updated: 13 August 2022; Ref: scu.396519
The developers wanted to construct their private sewer to the public sewer at a point convenient to them. The water company said a connection at the point proposed would overload the sewer, and refused. The developer claimed that it had the right to make the connection at that point. Held: The authority’s appeal failed. The … Continue reading Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): SC 9 Dec 2009
Residents of a village complained of the standard of sewage works serving their properties, and sought a public sewage system. The complaint was forwarded to Welsh Water, which had an assessment prepared and returned indicating that it would go ahead. The company then changed its mind, but the council persisted. The court was asked whether … Continue reading Dwr Cymru Cyfyngedig (Welsh Water), Regina (On the Application of) v the Environment Agency: Admn 10 Mar 2009
A substantial private archive of valuable books had been damaged when the defendant’s water mains burst. The court was asked to assess the value. Held: The water company’s appeal failed save to a small extent. The articles were of substantial value but were neither readily marketable nor uniquely valuable. Though the judge’s decision was open … Continue reading Aerospace Publishing Ltd and Another v Thames Water Utilities Ltd: CA 11 Jan 2007
The Agency had sought the connection of an entire village to the public sewer. The Act provided that such an obligation might exist where there was a threat to environment or amenity. The water company sought judicial review of the decision. Held The contention sought by the Agency would give rise to irrational results, including … Continue reading Environment Agency v Anglian Water Services Ltd: CA 31 Jan 2002
The claimant owned land over which sewage and other water had spilled from the appellant’s sewage works. His claim having been dismissed under Rylands v Fletcher, and there being no statutory means of obtaining compensation, the judge was asked to say that his human rights had been infringed insofar as his right to peaceful enjoyment … Continue reading Thames Water Utilities Limited v Marcic: CA 7 Feb 2002
LT COMPULSORY PURCHASE – Compensation – laying of water main in private land – Water Industry Act 1991 – claim withdrawn – costs – claimant to pay compensating authority’s costs of reference in all but preliminary issue (no award) and Order of 8 February 2000 (compensating authority to pay). Citations: [2000] EWLands LCA – 131 … Continue reading Lillis v North West Water Ltd: LT 16 Mar 2000
The water company appealed an award of damages after it had been found to have laid a water main under the claimant’s land without his knowledge or consent. The court had awarded restitutionary damages. Held: The judge fell into error in awarding the exercise the judge sought to perform by awarding the additional sum of … Continue reading Severn Trent Water Ltd v Barnes: CA 13 May 2004
Arrangements by which the Claimant (‘Albion’) purchases non-potable water (and some potable water) from Dwr Cymru Cyfyngedig (‘Welsh Water’) for onward supply to UPM Shotton Paper Mill (‘Shotton’). Acting under section 40A of the Water Industry Act 1991 (‘the Act’), the Defendant Authority (‘Ofwat’) made a decision dated 31 October 2011 determining the terms and … Continue reading Albion Water Ltd, Regina (on The Application of) v Water Services Regulation Authority: Admn 16 Aug 2012
The Appellant challenged a finding that the defendants were not liable to them in respect of water charges. There had been an agreement with a previous undertaker whereby liability was taken by the estate on which the properties were located. There had been new developments and extensions of the private and public supplies. The supplier … Continue reading Thames Water Utilities Limited v Richardson, Fletcher, Codling: CA 8 Dec 2000
Citations: [2000] EWHC Admin 406 Links: Bailii Statutes: Water Industry Act 1991, Environment Act 1995 Utilities, Environment Updated: 29 May 2022; Ref: scu.140222
The installation of metered water supplies so as to cut off the supply of water automatically on non-payment was a threat to health and was unlawful. Citations: Times 06-Mar-1998, [1998] EWHC Admin 213 Links: Bailii Statutes: Water Industry Act 1991 61 Consumer, Utilities Updated: 27 May 2022; Ref: scu.138334
Judges: Nelson J Citations: [2006] EWHC 9 (QB), [2006] Env LR 32 Links: Bailii Statutes: Water Industry Act 1991, Pollution Prevention and Control (England and Wales) Regulations 2000 Jurisdiction: England and Wales Cited by: Appeal from – United Utilities Water Plc v Environment Agency for England and Wales CA 19-May-2006 . .At First Instance – … Continue reading United Utilities Water Plc v The Environment Agency for England and Wales: QBD 13 Jan 2006
Whether respondents liable for damage from leak from mains water pipe – calculation of damages. Judges: Holland J Citations: [2005] EWHC 2987 (QB) Links: Bailii Statutes: Water Industry Act 1991 Jurisdiction: England and Wales Cited by: Appeal from – Aerospace Publishing Ltd and Another v Thames Water Utilities Ltd CA 11-Jan-2007 A substantial private archive … Continue reading Aerospace Publishing Ltd and Another v Thames Water Utilities Ltd: QBD 13 Jan 2006
The parties disputed discharges from a sewer outfall into the Stourbridge canal which had been constructed by a regional water authority in about 1976, under the previous statutory regime. The relevant outfall was therefore already in use at the transfer date pursuant to a right enjoyed by the regional water authorities under the Public Health … Continue reading British Waterways Board v Severn Trent Water Ltd: CA 23 Mar 2001
A water company may have the implied power to discharge surface run-off water from sewers into canals. The powers and duties of water companies and sewerage undertakers were different both under statute and in general. The power to lay a run-off pipe might be held to imply a power to discharge what was run off … Continue reading British Waterways Board v Severn Trent Water Ltd: ChD 26 Oct 1999
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Judges: Lewison, King, David Richards LJJ Citations: [2018] WLR(D) 761, [2018] EWCA Civ 2795 Links: WLRD, Bailii Statutes: Water Industry Act 1991 141(1) Jurisdiction: England and Wales Utilities, Environment Updated: 27 April 2022; Ref: scu.631414
The parties disputed whether the water company had the right to refuse a connection with the public sewer at a point chosen by the developer. Held: It would be objectionable to construe the statute in such a way as to preclude an undertaker from refusing a connection that would have potentially deleterious environmental consequences. Judges: … Continue reading Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): QBD 1 Aug 2008
A water company’s duty as regards fluoridation of water supplies, is to have regard to the interests of its shareholders, not the general public good. Having considered this with the Health authority, it had the choice as a private company to choose. Citations: Gazette 03-Feb-1999, [1998] All ER (D) 733 Statutes: Water Industry Act 1991 … Continue reading Regina v Northumbrian Water Limited, Ex Parte Newcastle and North Tyneside Health Authority: QBD 3 Feb 1999
Judges: Laws LJ Citations: [2006] EWHC 2169 (Admin) Links: Bailii Statutes: Water Industry Act 1991 118(5) Jurisdiction: England and Wales Utilities, Environment Updated: 06 April 2022; Ref: scu.244687
UTLC COMPENSATION – water – laying of underground water main on private land – compensation under Schedule 12 to Water Industry Act 1991 – crop loss – consequential losses – reinstatement – fees on Ryde’s Scale – inconvenience – compensation determined at andpound;5,886.16 [2015] UKUT 384 (LC) Bailii Water Industry Act 1991 England and Wales … Continue reading Surtees and Another v United Utilities Water Plc: UTLC 9 Jul 2015
The Council issued a nuisance notice in respect of sewage being deposited on a property within its area. The statutory nuisance was accepted. The issue was as to whether the sewage system was a public sewer. The judge had found that the original system had, in 1937, served only one property, and therefore had remained … Continue reading City of Bradford Metropolitan District Council v Yorkshire Water Services Ltd: Admn 19 Sep 2001
The defendant company was sentenced for supplying water which was below standard. The fine imposed was calculated according to the number of consumers affected. Held: When considering the level of fine, the court should look to, the degree of culpability; damage caused; the previous record; the need for balance between censure and any counter-productive effect, … Continue reading Regina v Yorkshire Water Services Ltd: CACD 16 Nov 2001
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights. Held: The damages were restricted to the statutory ones. The defendant was regulated under the 1991 Act by the Director-General, who … Continue reading Marcic v Thames Water Utilities Limited: HL 4 Dec 2003
The court was asked: ‘whether a sewerage undertaker under the Water Industry Act 1991 has a statutory right to discharge surface water and treated effluent into private watercourses such as the Respondents’ canals without the consent of their owners.’ Held: The appeals of the sewerage company succeeded. Such discharges were in their nature a trespass, … Continue reading The Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc: SC 2 Jul 2014
The claimants complained of odours and mosquitoes affecting their properties from the activities of the defendants in the conduct of their adjoining Sewage Treatment plant. The issue was as to the rights of non title holders to damages in nuisance and related causes. Held: Damages in nuisance are for injury to the property and not … Continue reading Dobson and others v Thames Water Utilities Ltd and Another: CA 29 Jan 2009
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
The claimant canal owners challenged the use of outfalls by the respondent sewerage plant operator to discharge unpolluted surface water into their canals. The defendants now sought summary dismissal of the claims saying they were bound to fail . .
The taxpayers registration under the Construction Industry Scheme had been withdrawn. The Court was now asked whether HMRC are obliged, or at least entitled, to take into account the impact on the taxpayer’s business of the cancellation of its . .
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The Secretary of State can accept an undertaking from water companies instead of making an order to satisfy the obligations under the European directives. Citations: Times 08-Jun-1995, Independent 07-Jun-1995 Statutes: Water Industry Act 1991 68(1)(a) Jurisdiction: England and Wales Environment, Utilities, European Updated: 21 January 2023; Ref: scu.87792
COMPENSATION – Pipe-laying works – disturbance losses suffered by farmer – relevance of previous settlements – compensation awarded pounds 320 plus surveyors fee – Water Industry Act 1991, Schedule 12 Citations: [2001] EWLands LCA – 41 – 2001 Links: Bailii Jurisdiction: England and Wales Land Updated: 11 August 2022; Ref: scu.225664
Citations: [2008] EWHC 1936 (QB) Links: Bailii Statutes: Water Industry Act 1991 106 Jurisdiction: England and Wales Utilities, Land Updated: 13 July 2022; Ref: scu.408686
The House was asked as to the result in law when a nuisance is the inevitable result of carrying out the functions authorised by Parliament. Held: Viscount Dunedin said: ‘When Parliament has authorized a certain thing to be made or done in a certain place, there can be no action for nuisance caused by the … Continue reading Manchester Corporation v Farnworth: HL 1930
An express statutory authority to construct an oil refinery carried with it the authority to refine. It was impossible to construct and operate the refinery upon the site without creating a nuisance. Lord Wilberforce said: ‘It is now well settled that where Parliament by express direction or by necessary implication has authorised the construction and … Continue reading Allen v Gulf Oil Refining Ltd: HL 29 Jan 1980
The Secretary of State may accept undertakings from water companies to provide a wholesome water supply, rather than requiring a court to order them to achieve the same thing. Citations: Times 04-Apr-1994, Independent 12-Apr-1994 Statutes: Water Industry Act 1991 68(1)(a) Jurisdiction: England and Wales Environment, European, Utilities Updated: 31 May 2022; Ref: scu.87695
The system in the UK of the government accepting undertakings from water companies as to the steps to be taken to comply with European regulations as to water standards had been used to allow non-compliance. The UK was in breach of requirements. Citations: Times 30-Apr-1999, C-340/96, [1999] EUECJ C-340/96 Links: Bailii Statutes: Council Directive 80/778/EEC, … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 30 Apr 1999
The right of discharge was implicit in the express terms of section 17 of the 1875 Act, which by restricting the right to discharge foul water into any watercourse impliedly recognised the existence of a right to discharge treated effluent and surface water. Judges: North J Citations: [1897] 2 Ch 291 Statutes: Public Health Act … Continue reading Durrant v Branksome Urban District Council: 1897
Lord Russell CJ said of section 13: ‘the vesting . . is not a giving of the property in the sewer and in the soil . . but giving such ownership and such rights only as are necessary for the purpose of carrying out the duties of a local authority’ Judges: Lord Russell CJ Citations: … Continue reading Bradford v Mayor of Eastbourne: 1896
A right to discharge surface water and treated effluent into private watercourses was impliedly conferred on local authorities by the Public Health Act 1875. Section 15 of that Act imposed on local authorities a duty to cause such sewers to be made as might be necessary for effectually draining their district. The extent of that … Continue reading Durrant v Branksome Urban District Council: CA 1897
ICO The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Water Industry Act 1991. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its … Continue reading Cabinet Office (Central Government): ICO 17 Mar 2015
UTLC PARK HOMES – Pitch Fee Review – water – whether pitch fee included charge for the supply of water – whether annual RPI increase to apply to the whole pitch fee or only to that part not referable to the supply of water – Mobile Homes Act 1983 – Water Industry Act 1991, s.150 … Continue reading Sayer Re: 48 Woodland View: UTLC 24 Jun 2014
The claimant sought to challenge the way the defendant had reached its decision to add flouride to the water supply, in having failed to comply with the requirements for consultation. Held: The claim failed. The Regulations as enacted differed from the draft, and did not require the Authroitys to act only on approval by a … Continue reading Milner, Regina (on The Application of) v South Central Strategic Health Authority: Admn 11 Feb 2011
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
ECHR United Kingdom – applicants’ legal claims to restitution of monies paid under invalidated tax provisions extinguished under the effects of retrospective legislation (section 53 of Finance Act 1991 and section 64 of Finance (No. 2) Act 1992) Citations: 21449/93, 21319/93, [1997] ECHR 87, 21675/93, [1997] STC 1466, 69 TC 540, [1997] BTC 624, (1998) … Continue reading The National and Provincial Building Society, The Leeds Permanent Building Society And The Yorkshire Building Society v The United Kingdom: ECHR 23 Oct 1997
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The International Tin Council was a body constituted by an international treaty not incorporated into law in the United Kingdom. The ITC was also created a legal person in the United Kingdom by article 5 1972 Order. Held: As a legal person in the United Kingdom – rather than the states who were its members … Continue reading Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989
EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as redundancies were contemplated. Held: The Union’s appeal failed. There was no error of law. What counted as ‘good time’: ‘is not … Continue reading MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002
The parties contracted to charter the Achileas. The charterer gave notice to terminate the hire, and the owner found a new charterer. Until the termination the charterers sub-chartered. That charter was not completed, delaying the ship for the owners’ new charter which was cancelled. In the meantime hire rates had fallen. The owners claimed damages. … Continue reading Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas): HL 9 Jul 2008
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
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