The A company, who were the owners of a mineral field, through which two water-pipes, known respectively as the C. and M. pipes, were laid in 1821 and 1877 respectively, but in the same pipe-track, received a notice under the Waterworks Clauses Act 1847 from the Water Trustees, to whom the pipes belonged, requiring them … Continue reading Clippens Oil Co, Ltd v Edinburgh and District Water Trustees: HL 5 Aug 1902
Where land is acquired by agreement for the purposes of constructing waterworks under a Special Act incorporating the Waterworks Clauses Act 1847, and where the undertakers purchase all the mines and minerals under the land so taken, they ipso facto step into the former owner’s place as regards the common law right of support from … Continue reading New Moss Colliery Co v Manchester Corporation: HL 28 Feb 1908
The Act of 1893 provided that a successful defendant should be entitled to costs as between solicitor and client in an action in respect of ‘any act done in the pursuance, or execution, or intended execution of any Act of Parliament or of any public duty or authority’ Held: This applied also to a quia … Continue reading Graigola Merthyr Co Ltd v Swansea Corporation: HL 1929
In cases involving expert evidence only two experts are to be heard on each side, unless the judge is satisfied that by reason of special circumstances justice cannot be done without hearing further expert evidence. This rule does not exclude either side from calling anyone to speak to matters he has seen, even though an … Continue reading Graigola Merthyr Co Ltd v Swansea Corporation: 1926
The plaintiffs owned two collieries, worked as one. The defendant owned an adjacent reservoir, constructed in pursuance of a special Act, incorporating sections from the Waterworks Clauses Act 1847. Wanting to take their seams under the reservoir, the plaintiffs reached and agreement to do so, with the defendants agreeing not to fill the reservoir while … Continue reading Graigola Merthyr Co Ltd v Swansea Corporation (No 2): 1928
The plaintiff mine-owner having had a contract that the neighbouring land owner would not refill its reservoir which would result in its workings being flooded, and that contract having expired, now sought an injunction to prevent the reservoir from being refilled. Held: The injunction could be granted in anticipation of the threatened action of refilling … Continue reading Graigola Merthyr Co Ltd v Swansea Corporation: CA 1928
Japanese Knotweed escape is nuisance The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in value which had occurred. Held: The decision of … Continue reading Network Rail Infrastructure Ltd v Williams and Another: CA 3 Jul 2018
