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Brook v Meltham Urban District Council: HL 20 May 1909

The Rivers Pollution Prevention Act 1876, sec. 7, provides that every sanitary authority having sewers under their control shall give facilities for carrying into such sewers liquids from factories within their district, ‘provided also that no sanitary authority shall be required to give such facilities as aforesaid where the sewers of such authority are only sufficient for the requirements of their district.’
Manufacturers claimed to have waste liquids from their factories received into the sewers of a local authority. The actual drain pipes were admittedly large enough, but the sewerage system included purification works which were only sufficient for the other requirements of the district.
Held that ‘sewers’ included the purification works which were part of the system through which the sewage flowed.

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, Gorell, and Shaw of Dunfermline

Citations:

[1909] UKHL 557, 47 SLR 557

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Utilities, Environment

Updated: 09 June 2022; Ref: scu.620579

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