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
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
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 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
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 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
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
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 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
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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 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
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 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
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
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
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 . .
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
