Category: Utilities

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): SC 9 Dec 2009

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 words were clear, and contrasted strongly with similar legislation in Scotland. There had been little practical difficulty caused by the arrangement such as might justify any departure from the normal and natural meaning of the words. Section 106 of the 1991 Act did give a property developer a right to connect its private sewer to the public sewer at a point of its choosing even though such a connection would overload the capacity of the sewer as it currently existed. (Lady Hale dissenting)

Judges:

Lord Phillips, President, Lord Saville, Lord Walker, Lady Hale, Lord Clarke

Citations:

[2009] UKSC 13, [2009] WLR (D) 360

Links:

Bailii, WLRD

Statutes:

Water Industry Act 1991, Directive 91/271/EEC concerning the collection, treatment and discharge of urban waste water, Urban Waste Water Treatment (England and Wales) Regulations 1994 (SI 1994/2841)

Jurisdiction:

England and Wales

Citing:

At First Instance – Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) QBD 1-Aug-2008
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 . .
Appeal from – Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) CA 28-Nov-2008
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 . .
Cited – Beech Properties v GE Wallis and Sons Ltd 1977
The court was asked whether a vendor of property had satisfied an obligation to provide the purchaser with the right to run foul and surface water from the land sold to a public sewer. The vendor contended that this obligation was satisfied by the . .
Cited – Ainley v Kirkheaton Local Board 1891
The exercise of the right of an owner of property to discharge into a public sewer conferred by section 21 of the 1875 Act could not be prevented by the local authority on the ground that the discharge was creating a nuisance. It was for the local . .
Cited – Brown v Dunstable Corporation 1899
Cozens-Hardy J considered the right of a land-owner to make connection to the public sewer, and said the right under section 21 is an ‘absolute right’, adding that: ‘This absolute right is no doubt subject to any regulations in respect of the mode . .
Cited – Marcic v Thames Water Utilities Limited HL 4-Dec-2003
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 . .
Cited – Smeaton v Ilford Corporation ChD 1954
Overloading caused the corporation’s foul sewer to erupt through a manhole and discharge ‘deleterious and malodorous matter’ into Mr Smeaton’s garden.
Held: The authority were not liable for the connections with the sewer and discharge of . .
Cited – McMonagle v Westminster City Council HL 1989
The House treated words as surplusage in a statute which contained criminal sanctions in order to avoid the substantial frustration of the object of the Act. Words in an Act are not to be rendered ‘insensible, absurd or ineffective to achieve its . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 11 August 2022; Ref: scu.383786

Central Electricity Generating Board v Halifax Corporation: HL 1963

Under the 1947 Act, the assets of electricity undertakings were transferred to to electricity boards. Property held by local authorities as authorised undertakers should, on vesting day, vest in the relevant board. A question arose as to whether certain monies had been held by the local authority and the question was referred to the minister, who decided that they had and so the appellant sought to recover the money.
Held: The cause of action accrued at the vesting date, more than six years before the action commenced, even though the appellants could not have proved the monies were held by the respondents as authorised undertakers until the minister had so decided. The minister’s decision and vesting notice did not create a new right of property or chose in action, but merely enabled a pre-existing right of action to be enforced. Albeit that the minister had to decide any dispute of fact relevant to the claim, the plaintiff could have issued proceedings for the recovery of the money at any time after 1 April 1948.
Lord Reid said: ‘No new right or liability came into existence at [the date of the minister’s decision]. It is quite clear, and it is now admitted by the appellants, that the effect of the minister’s decision was merely to prove that this sum had belonged to the appellants ever since the vesting date. It created no new right of property or chose in action: it merely enabled a pre-existing right to be enforced.
A number of cases were cited in argument. None was directly in point and I have found nothing in any of these cases which conflicts with the view that a cause of action can exist although one of the facts essential to the cause of action can only be proved otherwise than by evidence led in court and has not yet been proved when action is brought. If the appellants had begun an action within six years of the vesting date, and had applied to the minister for his decision when the respondents traversed their allegation that the sum sued for had been held or used by the respondents in their capacity of electricity undertakers, proceedings in the action could, if necessary, have been stayed to await the minister’s decision. But they did not do that and, in my judgment, this action is barred by section 2(1)(d) of the Limitation Act.’

Judges:

Lord Reid

Citations:

[1963] AC 785

Statutes:

Electricity Act 1947, Limitation Act 1939 2(1)(d)

Jurisdiction:

England and Wales

Citing:

Dissenting dicta approved – Leivers v Barber Walker and Co Ltd CA 1943
Goddard LJ (dissenting) said that section 2(1)(d) of the 1939 Act changed the former position altogether, leaving the provision for limitation as regards specialties to apply only to deeds and other documents under seal (or to claims other than for . .

Cited by:

Cited – Legal Services Commission v Rasool CA 5-Mar-2008
The defendant had in 1993 obtained legal aid. Work was done but the certificate was then revoked. The Commission sought repayment of the sums paid on account to his solicitors. He replied that the claim was out of time. The Commission argued that . .
Cited – Legal Services Commission v Henthorn QBD 4-Feb-2011
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the . .
Cited – Legal Services Commission v Henthorn CA 30-Nov-2011
The Commission sought to recover what it said were payments made on account to the respondent barrister, but only after many years had passed. The Commission argued that time only began to run once it requested repayment.
Held: The appeal . .
Cited – Swansea City Council v Glass CA 1992
The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more . .
Cited – Doyle v PRA Group (UK) Ltd CA 23-Jan-2019
Whether the cause of action for the outstanding sums accrued when Mr Doyle first defaulted in his payments or only when Mr Doyle failed to comply with the default notice stipulated by CCA s.87(1) and required by clause 8f of the Agreement. Mr Doyle . .
Lists of cited by and citing cases may be incomplete.

Limitation, Utilities

Updated: 08 August 2022; Ref: scu.268785

Breyer Group Plc and Others v Department of Energy and Climate Change: QBD 9 Jul 2014

‘This large and (in some respects) novel claim arises out of the defendant’s proposal, announced in a Written Ministerial Statement on Monday 31 October 2011 and a consultation document published on the same day, to bring forward the cut-off date by which certain Feed-in-Tariffs (‘FIT’) at a particular rate would be paid to generators (or their nominated recipients) involved in small-scale solar panel installations. The FIT scheme was designed to encourage small-scale low carbon generation installations. However, by October 2011, the defendant thought that the initial rates for solar photovoltaic installations were too generous to generators. So the defendant proposed to bring forward, from 1 April 2012 to 12 December 2011, the date by which the installations had to be commissioned/registered in order to qualify for the highest FIT rate. ‘

Judges:

Coulson J

Citations:

[2014] EWHC 2257 (QB), [2014] JPL 1346, [2015] 2 All ER 44

Links:

Bailii

Jurisdiction:

England and Wales

Utilities, Environment

Updated: 07 August 2022; Ref: scu.534045

Transco Plc v Leicestershire County Council: CA 4 Nov 2003

The council sought to recover from the defendant damages for the late completion of roadworks.
Held: ‘The statutory provisions are long and complex. At times I have been inclined to wonder whether they are the product of a demented computer.’ The rules which required the notices to be given within the procedures to start and end the periods at issue, were required not as part of the process of co-ordination of works. The deeming provisions were not irrebutable, and late delivery of an end-notice was not irrebutable evidence of the date at which the work ceased. Works are deemed for purposes of charging to have been begun and concluded in accordance with notices that have been given, but it is open to both Highway Authorities and undertakers to prove that this was not in fact the case.

Judges:

Lord Justice Kennedy Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob

Citations:

[2003] EWCA Civ 1524, Times 07-Nov-2003

Links:

Bailii

Statutes:

New Roads and Street Works Act 1991, Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001

Jurisdiction:

England and Wales

Utilities, Local Government

Updated: 06 August 2022; Ref: scu.187470

Federutility and Others (Freedom Of Establishment) French Text: ECJ 20 Oct 2009

Europa (Opinion) Pricing of natural gas supply to residential customers PSOs general economic interest

Judges:

Damaso Ruiz-Jarabo Colomer AG

Citations:

C-265/08, [2009] EUECJ C-265/08 – O

Links:

Bailii

Cited by:

Opinion – Federutility and Others (Freedom Of Establishment) ECJ 20-Apr-2010
ECJ (Grand Chamber) Directive 2003/55/EC Internal market in natural gas State intervention on the price for the supply of natural gas after 1 July 2007 Public service obligations of undertakings operating in the . .
Lists of cited by and citing cases may be incomplete.

European, Utilities

Updated: 05 August 2022; Ref: scu.380299

Wasser und Abwasserzweckverband Gotha und Landkreisgemeinden v Eurawasser Aufbereitungs und Entsorgungsgesellschaft mbH: ECJ 10 Sep 2009

ECJ (Freedom To Provide Services) Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Public service for the distribution of drinking water and the treatment of sewage – Service concession – Definition – Transfer to the supplier of the risk connected with operating the service in question.

Citations:

C-206/08, [2009] EUECJ C-206/08

Links:

Bailii

Jurisdiction:

European

Utilities

Updated: 04 August 2022; Ref: scu.374763

Wychavon District Council v National Rivers Authority: QBD 16 Sep 1992

The council maintained the sewage system in its district as agent for the statutory authority, the Severn Trent Water Authority. It operated, maintained and repaired the sewers. As sewage authority, it received raw sewage into its sewers. On the occasion in question one of the sewers became blocked. The sewage flowed into the stormwater drainage system and into the River Avon.
Held: The Council had not done any positive act which caused the pollution. If it had known of the blockage it might have been liable for ‘knowingly permitting’ but it could not be liable for causing. Negligent inactivity which fell short of a positive act was insufficient to be a ’cause’ of pollution.

Citations:

Gazette 16-Sep-1992, [1993] 1 WLR 125

Statutes:

Water Act 1989 107(1)

Jurisdiction:

England and Wales

Cited by:

Disapproved – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Restricted to its facts – National Rivers Authority v Yorkshire Water Services Ltd HL 21-Nov-1994
The defendant sewerage undertaker received sewage, treated it in filter beds and discharged the treated liquid into the river. One night someone unlawfully discharged a solvent called iso-octanol into the sewer. It passed through the sewage works . .
Lists of cited by and citing cases may be incomplete.

Environment, Utilities

Updated: 03 August 2022; Ref: scu.90635

Idrodinamica Spurgo Velox And Others v Acquedotto Pugliese SpA: ECJ 8 May 2014

ECJ Public procurement – Water sector – Directive 92/13/EEC – Effective and rapid review procedures – Time-limits for bringing an action – Date from which time begins to run

Judges:

T von Danwitz, P

Citations:

C-161/13, [2014] EUECJ C-161/13

Links:

Bailii

Statutes:

Directive 92/13/EEC

Jurisdiction:

European

Utilities

Updated: 28 July 2022; Ref: scu.525447

Teliasonera Finland: ECJ 14 May 2009

ECJ Opinion – Industrial policy – Electronic communications – Networks and services – Obligation to negotiate interconnection in good faith – Definition of operator of public communications networks – Undertaking without significant market power – Interpretation of Articles 4(1), 5 and 8 of Directive 2002/19/EC of the European Parliament and of the Council – Powers of the national regulatory authorities

Judges:

Ruiz-Jarabo Colomer J

Citations:

C-192/08, [2009] EUECJ C-192/08 – O, [2009] ECR I-10717

Links:

Bailii

Statutes:

Directive 2002/19/EC

Cited by:

Opinion – Teliasonera Finland ECJ 12-Nov-2009
ECJ Judgment – Industrial policy – Telecommunications sector Electronic communications Directive 2002/19/EC Article 4(1) Networks and services Interconnexion agreements between telecommunications undertakings . .
Lists of cited by and citing cases may be incomplete.

European, Utilities

Updated: 26 July 2022; Ref: scu.346201

Polkomtel sp. z o.o. v Prezes Urzedu Komunikacji Elektronicznej: ECJ 14 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/22/EC – Article 28 – Non-geographic numbers – Access by end-users residing in the Member State for operators to services using non-geographic numbers – Directive 2002/19/EC – Articles 5, 8 and 13 – Powers and responsibilities of the national regulatory authorities with regard to access and interconnection – Imposition, amendment or withdrawal of obligations – Imposition of obligations on undertakings that control access to end-users – Price control – Undertaking not having significant market power on the market – Directive 2002/21/EC – Resolution of disputes between undertakings – Decision of the national regulatory authority laying down the conditions of cooperation and the pricing procedures for services between undertakings

Citations:

C-397/14, [2016] EUECJ C-397/14, ECLI:EU:C:2016:256

Links:

Bailii

Statutes:

Directive 2002/22/EC, Directive 2002/19/EC

Jurisdiction:

European

Utilities

Updated: 25 July 2022; Ref: scu.562070

Commission v Portugal: ECJ 25 Jun 2014

ECJ (Judgment Of The Court) Failure to fulfill obligations – Directive 2002/22/EC – Electronic communications – Networks and services – Designation of undertakings responsible for universal service obligations – Incorrect transposition – Judgment of the Court establishing such failure – Non-compliance – Article 260, paragraph 2, TFEU ??- Financial penalties – Penalty payment – Lump Sum

Citations:

C-76/13, [2014] EUECJ C-76/13

Links:

Bailii

Statutes:

Directive 2002/22/EC

Jurisdiction:

European

Utilities

Updated: 25 July 2022; Ref: scu.527235

Commission v Schneider Electric: ECJ 3 Feb 2009

(Competition) Appeal Operations in respect of undertakings Market in the distribution of electricity – Damage resulting from the Commission’s conduct in assessing the concentration Conditions for the non-contractual liability of the Community

Citations:

C-440/07, [2009] EUECJ C-440/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Commission v Schneider Electric ECJ 16-Jul-2009
ECJ Grand Chamber – Appeal Concentrations Regulation (EEC) No 4064/89 Commission decision declaring a concentration incompatible with the common market Annulment Non contractual liability of the Community on . .
Lists of cited by and citing cases may be incomplete.

Commercial, Utilities

Updated: 23 July 2022; Ref: scu.286156

Commission v Belgium (Advocate Generals Opinion): ECJ 2 Jul 2015

ECJ Failure of a Member State to fulfil obligations – Protocol (No 7) on the Privileges and Immunities of the European Union – Article 3 – Fiscal immunity of the Union – Exemption – Regional gas and electricity contributions – Mere charges for public utility services – Taxes – Indirect taxes – Public service obligations

Judges:

Cruz Villalon AG

Citations:

ECLI:EU:C:2015:441, C-163/14, [2015] EUECJ C-163/14 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Commission v Belgium ECJ 14-Jan-2016
ECJ Failure of a Member State to fulfil obligations – Article 343 TFEU – Protocol on the privileges and immunities of the European Union – Article 3 – Tax exemptions – Brussels-Capital Region – Contributions in . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 23 July 2022; Ref: scu.559125

British Oxygen Co Ltd v South of Scotland Electricity Board (No.2): HL 16 Apr 1959

The House considered a challenge to the statutory charges imposed by the respondent. The House had to construe provided: ‘An area board, in fixing tariffs and making agreements under this section, shall not show undue preference to any person or class of persons and shall not exercise any undue discrimination against any person or class of persons.’
Held: In determining whether there has been discrimination as between high voltage consumers and low voltage consumers, the lesser cost of supplying high voltage power should be taken into consideration, and that, therefore, there might be discrimination against high voltage consumers notwithstanding that the price charged to them was a little lower than that charged to low voltage consumers. Excessive charges were recoverable by the company which had paid them.

Judges:

Viscount Kilmuir, Lord Goff of Chieveley

Citations:

[1959] UKHL 4, [1959] 2 All ER 225, [1959] 1 WLR 587, 1959 SLT 181, 1959 SC (HL) 17

Links:

Bailii

Jurisdiction:

Scotland

Utilities

Updated: 22 July 2022; Ref: scu.279716

RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council: HL 24 Jan 1985

The pursuers sought damages after the defender’s sewer collapsed, flooding their bakery.
Held: The local authority’s appeal succeeded. It was not liable. The duty of the local authority under section 2 of the Act of 1968 was not an ‘absolute duty’ as averred by RHM and that RHM’s averments of breach of statutory duty were therefore irrelevant.

Citations:

[1985] UKHL 9

Links:

Bailii

Statutes:

Sewerage (Scotland) Act 1968

Jurisdiction:

Scotland

Nuisance, Utilities

Updated: 22 July 2022; Ref: scu.279753

Energie Est Lda, Regina (on The Application of) v Secretary of State for Energy and Climate Change and Another: Admn 10 Oct 2013

The claimant, producer of a novel form of solar power production, complained thet the defendant’s scheme to support solar power production was unlawful under European law in that it refused support to the claimant’s products.
Held: The claim failed. The MCS has to strike a balance on the one hand between the application of its standards and methodology in support of consumer confidence, and on the other avoiding the risk of discouraging innovation and competition. This is not a straightforward task, and I do not think that the evidence supports a valid criticism at the present time. If it did, the position may well in my view be different. In the result, the claimant has not made good its

Judges:

Blair J

Citations:

[2013] EWHC 3026 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Utilities, European

Updated: 21 July 2022; Ref: scu.516357

Commission v Greece C-250/07: ECJ 17 Dec 2008

ECJ Law Relating To Undertakings – Opinion – The action was brought by the European Commission against Greece regarding a public procurement contract in relation to a power station on the island of Crete. The Commission argued that the contracting authority, by failing, firstly, to publish a call for tenders and, secondly, to give reasons for the rejection of one of the tenders in a timely manner, had failed to fulfil its obligations under Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.

Citations:

[2008] EUECJ C-250/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Commission v Greece C-250/07 ECJ 4-Jun-2009
(Law Relating To Undertakings) Failure of a Member State to fulfil obligations Directive 93/38/EEC Public contracts in the water, energy, transport and telecommunications sectors Award of a contract without a prior call for competition Conditions . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 21 July 2022; Ref: scu.279129

Commission v Poland (Industrial Policy): ECJ 13 Nov 2008

ECJ Failure of a Member State to fulfil obligations Electronic communications Networks and services Directive 2002/19/EC (Access Directive) Article 4(1) and the first subparagraph of Article 5(1) Incorrect transposition.

Judges:

CWA Timmermans, P

Citations:

[2008] ECR I-8403, C-227/07, [2008] EUECJ C-227/07

Links:

Bailii

Statutes:

Directive 2002/19/EC

Cited by:

Cited – British Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
Lists of cited by and citing cases may be incomplete.

European, Utilities

Updated: 19 July 2022; Ref: scu.277859

EE Limited and Hutchison 3G UK v Meyrick 1968 Combined Trust of Meyrick Estate Management: UTLC 9 Jul 2019

ELECTRONIC COMMUNICATIONS CODE – code rights – application to confer code rights on operator in respect of existing mast site – whether site owner intends to redevelop land and would be prevented from so doing if rights conferred – site owner proposing to remove existing monopole mast and construct own taller lattice mast for establishment of fixed wireless access broadband service over landed estate and to be made available to mobile network operators – business plan – held no firm, settled and unconditional intention to redevelop – paragraph 25(1) of Schedule 3A to the Communications Act 2003

Citations:

[2019] UKUT 164 (LC)

Links:

Bailii

Statutes:

Communications Act 2003

Jurisdiction:

England and Wales

Land, Utilities

Updated: 19 July 2022; Ref: scu.640513

Thames Water Utilities Ltd, Regina (on the Application of) v Bromley Magistrates Court: Admn 28 Jul 2008

Whether escapes of waste water from a public sewerage system are ‘Directive waste’ within the scope of the Waste Framework Directive, and thus subject to the enforcement authority of the Environment Agency under section 33 of the 1990 Act.

Judges:

Carnwath LJ, Bean J

Citations:

[2008] EWHC 1763 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 33

Utilities, Environment, European

Updated: 19 July 2022; Ref: scu.272301

Flughafen Koln v Bonn (Taxation): ECJ 17 Jul 2008

ECJ Directive 2003/96/EC – Community framework for the taxation of energy products and electricity – Article 14(1)(a) – Exemption for energy products used to produce electricity – Option to impose taxation for reasons of environmental policy – Direct effect of the exemption.

Citations:

C-226/07, [2008] EUECJ C-226/07

Links:

Bailii

European, Utilities, Environment, Taxes – Other

Updated: 18 July 2022; Ref: scu.271122

Dobson and others v Thames Utilities: CA 18 Mar 2008

Claim for orders re management of sewerage works – smell and mosquitoes. Leave to appeal granted.

Citations:

[2008] EWCA Civ 473

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Dobson and others v Thames Water Utilities Ltd and Another TCC 24-Aug-2007
The several claimants sought damages from the defendants for nuisance from mosquitoes which collected at the defendant’s sewage works. . .

Cited by:

Leave – Dobson and others v Thames Water Utilities Ltd and Another CA 29-Jan-2009
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 . .
Lists of cited by and citing cases may be incomplete.

Utilities, Nuisance

Updated: 15 July 2022; Ref: scu.267892

Rance v Elvin: CA 14 Feb 1985

The plaintiff complained that he had an easement over the defendants land for the supply of water, including the right to connect into the mains on the defendant’s land. The defendant said that the right was only to connect to the mains directly.
Held: There was a crucial distinction between the right to a supply of water; and a right to an uninterrupted passage of water. A right of the passage of water through the service connection serving the property was not a right to be supplied with water by the servient owner at his expense, but to the uninterrupted passage of water and no more. It confers no right to insist upon the servient owner allowing water to enter his pipes. If, however, water does reach the pipes by any means whatever, that water must be permitted to pass through the pipes on the servient land so as to reach the dominant land. The servient owner is not bound to ensure that any water does reach the system, but if it does he cannot prevent its onward passage to the dominant tenement without being liable for action for interference with the easement.

Judges:

Browne-Wilkinson, Griffiths LJ, Sir George Waller

Citations:

(1985) 50 PandCR 9, [1985] EWCA Civ 7

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Schwann v Cotton CA 1916
Blackacre, Greenacre and Whiteacre had all formerly been in common ownership and the owner of Whiteacre denied that Blackacre was entitled to an easement to pass the water from Greenacre to Blackacre.
Held: The Will which effected’ the . .

Cited by:

Explained – Duffy v Lamb (T/a Vic Lamb Developments) CA 10-Apr-1997
The plaintiff sought damages after the interruption of the electricity supply from neighbouring land by the defendant. An easement was established, but the defendant wanted the plaintiff to make his own arrangements for connection. The judge had . .
Cited – Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another CA 4-Apr-2017
Can a recreational purpose underlie an easement
The court considered the validity of easements of recreational facilities. A property had been developed with timeshare leases within a substantial and attractive grounds area. Later a second development was created but with freehold interests, but . .
Lists of cited by and citing cases may be incomplete.

Land, Utilities

Updated: 12 July 2022; Ref: scu.262656

Dwr Cymru Cyfyngedig (Welsh Water), Regina (On the Application of) v the Environment Agency: Admn 10 Mar 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 the company could withdraw its decision.
Held: The company must be able to review its decisions, and nothing in the Act restricted that. The section required an exercise of judgment by the company, allowing for any guidance issued by the Secretary of State. It was not bound to follow such guidance, and nor was any particular methodology of cost benefit analysis required.

Judges:

Mr Justice Wyn Williams

Citations:

[2009] EWHC 435 (Admin), [2009] NPC 41, [2009] 2 All ER 919, [2009] Env LR 32, [2009] 11 EG 118

Links:

Bailii

Statutes:

Water Industry Act 1991 101A(1)

Jurisdiction:

England and Wales

Utilities, Administrative, Planning

Updated: 11 July 2022; Ref: scu.331096

Telecom Italia (Freedom To Provide Services): ECJ 25 Oct 2007

ECJ Telecommunications services General authorizations and individual licenses Directive 97/13 / EC Article 11 Fees and charges applicable to individual licenses Article 22 Transitional submission by the former exclusive distributor to a charge contrary to Article 11

Citations:

C-296/06, [2007] EUECJ C-296/06

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Telecom Italia v Ministero dell’Economia e delle Finanze, Ministero delle Comunicazioni (Freedom To Provide Services) ECJ 21-Feb-2008
ECJ Telecommunications services Directive 97/13/EC Articles 6, 11, 22 and 25 Fees and charges for general authorisations and individual licences Obligation on former holders of exclusive rights Temporary . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 10 July 2022; Ref: scu.261350

Aerospace Publishing Ltd and Another v Thames Water Utilities Ltd: CA 11 Jan 2007

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 to criticism, he was not incorrect to refuse to provide particularised responses to each submission made. As to the claim for diverted management time, the court set out the applicable principles: ‘(a) The fact and, if so, the extent of the diversion of staff time have to be properly established and, if in that regard evidence which it would have been reasonable for the claimant to adduce is not adduced, he is at risk of a finding that they have not been established.
(b) The claimant also has to establish that the diversion caused significant disruption to its business.
(c) Even though it may well be that strictly the claim should be cast in terms of a loss of revenue attributable to the diversion of staff time, nevertheless in the ordinary case, and unless the defendant can establish the contrary, it is reasonable for the court to infer from the disruption that, had their time not been thus diverted, staff would have applied it to activities which would, directly or indirectly, have generated revenue for the claimant in an amount at least equal to the costs of employing them during that time.’

Citations:

[2007] EWCA Civ 3, Times 22-Jan-2006, [2007] Bus LR 726, 2007] CILL 2429, [2007] NPC 5, 110 Con LR 1, [2007] 3 Costs LR 389

Links:

Bailii

Statutes:

Water Industry Act 1991 209

Jurisdiction:

England and Wales

Citing:

Cited – Southampton Container Terminals Ltd v Hansa Schiffahrts GmbH (The Maersk Colombo) CA 3-May-2001
The claimants operated the container terminal in Southampton. A crane was struck and damaged beyond repair by the defendants’ vessel. The crane was not replaced because before the casualty the claimants had ordered two new cranes. Loss of use of the . .
Cited – Tate and Lyle Distribution v Greater London Council 1982
The defendants were liable to the claimants for having failed to dredge silt which they had caused to be accumulated when constructing new piers for the Woolwich ferry and which had obstructed the claimants’ use of their barge moorings. The result . .
Cited – Horace Holman Group Ltd v Sherwood International Group Ltd TCC 2001
The defendants were to pay damages after failing to provide an adequate software package. The claimants included a claim for wasted time by their directors and staff in struggling with the inadequacies of the software provided.
Held: The claim . .
Cited – Standard Chartered Bank v Pakistan National Shipping Corporation; Seaways Maritime Limited; Oakprime International Limited; Arvind Mehra and Sgs United Kingdom Limited CA 26-Jan-2001
As part of its attempt to mitigate its loss caused by deceit perpetrated in relation to it by the defendants, the claimant bank presided over the sale of a cargo of bitumen in Vietnam. To do this, it sent one of its officers, to Vietnam on two . .
Cited – Admiral Management Services Ltd v Para-Protect Europe Ltd and Others ChD 4-Mar-2002
The claimants suspected the defendants of wrongfully using their confidential information. Their staff made an initial investigation. They obtained a search and seizure order; and the material seized was examined by the staff. A Tomlin Order was . .
Cited – Darbishire v Warran CA 30-Jul-1963
Damages were claimed for a damaged car.
Held: Pearson LJ said: ‘It is vital, for the purpose of assessing damages fairly between the plaintiff and the defendant, to consider whether the plaintiff’s course of action was economic or uneconomic, . .
Cited – BP Exploration Co (Libya) Ltd v Hunt (No. 2) 1982
The court considered the application of interest to damages: ‘the basic principle . . that interest will be awarded from the date of loss’ and ‘the mere fact that it is impossible for the defendant to quantify the sum due until judgment has been . .
Cited – R+V Versicherung Ag v Risk Insurance and Reinsurance Solutions Sa and others ComC 27-Jan-2006
It had held that the defendant insurance intermediaries were liable to the claimants, a German reinsurance company, because of a conspiracy to defraud the claimants on the part of one of the defendants’ employees. The court had to decide issues of . .
Cited – Jaura v Ahmed CA 21-Feb-2002
The applicant sought damages for the wrongful termination of her lease by the respondent. The landlords re-entered in default of payment of the rent. The premises had been sub-let, and she sought damages for the loss of rental profits.
Held: . .
Cited – Kaines (UK) Ltd v Osterreichische Warrenhandelsgesellschaft Austrowaren Gesellschaft mbH CA 1993
In June 1987 the defendants repudiated a contract to sell the claimant’s crude oil for lifting in September 1987 and for payment in October 1987. The claimants thereupon contracted to buy the oil at a higher price, again for lifting in September . .
Appeal from – Aerospace Publishing Ltd and Another v Thames Water Utilities Ltd QBD 13-Jan-2006
Whether respondents liable for damage from leak from mains water pipe – calculation of damages. . .

Cited by:

Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Cited – Mr H TV Ltd v ITV2 Ltd ComC 8-Oct-2015
The claimant had contracted with the defendant for the production of a series of reality TV shows featuring celebrities. After severe personal clashes between the people involved on the claimants side, the contract was terminated. The claim was that . .
Lists of cited by and citing cases may be incomplete.

Damages, Utilities

Updated: 09 July 2022; Ref: scu.247677

Vtesse Networks Ltd v Bradford (Valuation Officer): CA 19 Oct 2006

The company appealed against the entry in to the lists of their cabling network systems.

Judges:

Mummery, Sedley, Lloyd LJJ

Citations:

[2006] EWCA Civ 1339

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Valuation Officer v Vtesse Networks Ltd LT 24-Nov-2005
LT RATING – hereditament – telecommunications system consisting of ratepayer’s ‘own-build’ sections and optical fibres belonging to other operators and contained in cables of those other operators – contractual . .
Lists of cited by and citing cases may be incomplete.

Rating, Utilities

Updated: 08 July 2022; Ref: scu.245409

Valuation Officer v Vtesse Networks Ltd: LT 24 Nov 2005

LT RATING – hereditament – telecommunications system consisting of ratepayer’s ‘own-build’ sections and optical fibres belonging to other operators and contained in cables of those other operators – contractual arrangements for use by ratepayer of these fibres – whether ratepayer in occupation of fibres – whether fibres part of ratepayer’s hereditament – held ratepayer in occupation of fibres and fibres part of its hereditament

Citations:

[2005] EWLands RA – 50 – 2004

Links:

Bailii

Cited by:

Appeal from – Vtesse Networks Ltd v Bradford (Valuation Officer) CA 19-Oct-2006
The company appealed against the entry in to the lists of their cabling network systems. . .
See Also – Bradford (Valuation Officer) v Vtesse Networks Ltd LT 7-Nov-2008
LT RATING – valuation – 2000 list – local telecommunications network – comparables – whether valuation should be based on apportionment of assessment of much larger nationwide network – whether tone of list . .
See Also – Bradford (Valuation Officer) v Vtesse Networks Ltd CA 28-Jan-2010
The company appealed against a finding that it was liable to non-domestic rates in respect of its network of fibre-optic cable. . .
At CA (1) – Bradford (Valuation Officer) v Vtesse Networks Ltd LT 7-Nov-2008
LT RATING – valuation – 2000 list – local telecommunications network – comparables – whether valuation should be based on apportionment of assessment of much larger nationwide network – whether tone of list . .
At CA (1) – Bradford (Valuation Officer) v Vtesse Networks Ltd CA 28-Jan-2010
The company appealed against a finding that it was liable to non-domestic rates in respect of its network of fibre-optic cable. . .
Lists of cited by and citing cases may be incomplete.

Rating, Utilities

Updated: 04 July 2022; Ref: scu.236476

Environment Agency v Anglian Water Services Ltd: CA 31 Jan 2002

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 either under or over provision. An obligation on a water undertaker to connect one or more properties in an area to a public sewer did not imply an obligation to connect all properties in that area similarly.

Judges:

Thorpe, Laws, Morland LLJ

Citations:

Times 18-Feb-2002, [2002] EWCA Civ 5

Links:

Bailii

Statutes:

Water Industry Act 1991 101A, Environment Act 1995

Jurisdiction:

England and Wales

Utilities, Environment

Updated: 04 July 2022; Ref: scu.167629

Thames Water Utilities Limited v Marcic: CA 7 Feb 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 of his possessions had been infringed. Whilst it would be reasonably possible to prevent flooding of the claimant’s property, protecting all similarly threatened properties would cost impractically large sums.
Held: The test for nuisance and negligence had become similar until the point where a positive act to prevent harm was required rather than acting in such a way as to avoid causing harm. There is a clear common law duty to do whatever is reasonable to prevent hazards on the land, however they might arise, from causing damage to a neighbour. The appellant provided the system of sewers for profit, and had not demonstrated that it was not reasonably practicable for them to abate the nuisance.

Judges:

Lord Phillips MR, Lord Justice Aldous, And, Lord Justice Ward

Citations:

Times 14-Feb-2002, Gazette 21-Mar-2002, [2002] EWCA Civ 65, [2002] QB 929, [2002] 2 All ER 55

Links:

Bailii

Statutes:

Water Industry Act 1991 94(1), European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Rylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .
Cited – Goldman v Hargrave PC 13-Jun-1966
(Australia) In Western Australia, a red gum tree was struck by lightning and set on fire. The appellant had the tree cut down, but took no reasonable steps by spraying the fire with water to prevent the fire from spreading, believing that it would . .
Cited – Leakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater.
Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . .
Appeal from – Marcic v Thames Water Utilities Ltd TCC 10-Jul-2001
. .
Appeal from – Marcic v Thames Water Utilities Ltd TCC 14-May-2001
. .

Cited by:

Cited – Dennis and Dennis v Ministry of Defence QBD 16-Apr-2003
The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. . .
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Appeal from – Marcic v Thames Water Utilities Limited HL 4-Dec-2003
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 . .
Lists of cited by and citing cases may be incomplete.

Utilities, Land, Nuisance, Human Rights, Negligence

Updated: 03 July 2022; Ref: scu.167598

Thyssenkrupp Stainless (Anciennement Krupp Thyssen Stainless) v Commission (ECSC): ECJ 14 Jul 2005

ECJ Appeals – ECSC Treaty – Agreements, decisions and concerted practices – Alloy surcharge – Reduction of the fine – Cooperation in the administrative procedure – Attributability of the infringement – Rights of the defence

Citations:

C-73/02, [2005] EUECJ C-73/02

Links:

Bailii

European, Utilities

Updated: 01 July 2022; Ref: scu.228845

Strabag (Law Relating To Undertakings): ECJ 16 Jun 2005

ECJ Public procurement contracts – Directive 93/38/EEC – Water, energy, transport and telecommunications sectors – Concepts of ‘operation’ and ‘provision’ of networks providing a service to the public in the field of transport by railway – Railway infrastructure works.

Citations:

C-462/03, [2005] EUECJ C-462/03

Links:

Bailii

Statutes:

Directive 93/38/EEC

Jurisdiction:

European

Utilities

Updated: 01 July 2022; Ref: scu.226969

Vereniging Voor Energie, Milieu En Water Ea (Energy): ECJ 7 Jun 2005

ECJ Internal market in electricity – Preferential access to the system for cross-border transmission of electricity – Undertaking previously responsible for the operation of services of general economic interest – Long-term contracts existing prior to the liberalisation of the market – Directive 96/92/EC – Principle of non-discrimination – Principles of the protection of legitimate expectation and of legal certainty.

Citations:

C-17/03, [2005] EUECJ C-17/03

Links:

Bailii

Statutes:

Directive 96/92/EC

European, Utilities

Updated: 30 June 2022; Ref: scu.226016

Lillis v North West Water Ltd: LT 16 Mar 2000

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 – 1997

Links:

Bailii

Statutes:

Water Industry Act 1991

Land, Utilities

Updated: 30 June 2022; Ref: scu.225582

Friends of the Earth Ltd and Another v Secretary of State for Environment Food and Rural Affairs and Others: CA 7 Dec 2001

When assessing the economic and social benefits of a new radiation-producing process, the Secretary of State was not obliged to include in the costs, the capital already invested in the plant. BNFL proposed to bring on-line a mixed oxide fuel (MOX) plant. The balances was to be weighed at the time of the decision, at which point costs already incurred were no longer applicable. There is a standard economic principle of ignoring sunk costs which would never be recovered.

Judges:

Lord Justice Simon Brown, Lord Justice Waller, And, Lord Justice Dyson

Citations:

Times 25-Feb-2002, [2001] EWCA Civ 1847, [2002] 1 CMLR 21, [2001] NPC 181, [2002] Env LR 24, [2001] 50 EGCS 91

Links:

Bailii

Statutes:

Council Directive 96/29/Euratom Art 6.1

Jurisdiction:

England and Wales

Environment, European, Utilities

Updated: 29 June 2022; Ref: scu.166981

Pretura Unificata Di Torino v X: ECJ 22 Sep 1988

ECJ The authorization to exceed the maximum permitted concentrations set out in Annex I to Directive 80/778/EEC relating to the quality of water intended for human consumption (Article 10 (1)) must be granted only in an urgent situation in which the national authorities are required to cope suddenly with difficulties in the supply of water for human consumption . Such an authorization must be limited to the time normally necessary to restore the quality of the water affected, must not pose any unacceptable risk to human health and may be granted only if the supply of water for human consumption cannot be maintained in any other way.

Citations:

R-228/87, [1988] EUECJ R-228/87

Links:

Bailii

Statutes:

Directive 80/778/EEC

European, Utilities

Updated: 21 June 2022; Ref: scu.215645

Gwynt-Y-Mor Offshore Wind Farm Ltd, Regina (on The Application of) v The Gas and Electricity Transmission Plc and Others: Admn 21 Mar 2019

Challenge to decision as to classification of a failure of an undersea cable as an ‘income adjusting event’ transferring liability for its repair.

Judges:

May DBE J

Citations:

[2019] EWHC 654 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Utilities

Updated: 14 June 2022; Ref: scu.635162

Edinburgh and District Water Trustees v Clippens Oil Co Ltd: HL 7 Dec 1903

By an Act of 1819 ‘for more effectually supplying the city of Edinburgh and places adjacent with water,’ the Edinburgh Joint Stock Water Company were empowered to ‘lay the necessary pipe or pipes for that purpose . . making satisfaction to the owners and occupiers of the ground.’ Among the lands scheduled were the lands of Pentland and Straiton, and shortly after the passing of the Act a pipe was laid under the powers thereof which traversed these lands. There was no proof that any compensation had been paid to the owners of these lands for the laying of the pipe. The Act of 1819 made no specific provision with regard to compensation for minerals required as support for the pipes laid. The Water Company in question was a private company, but the Act imposed important obligations upon the company in the public interest.
By an Act passed in 1843 to enable the company to bring in an additional supply of water certain regulations were introduced in regard to the working of or receiving compensation for minerals under and adjacent to ‘the works of the company.’
In an action of declarator and interdict at the instance of the successors of the Water Company against the proprietors and lessees of minerals in the lands of Pentland and Straiton, held ( aff. judgment of the First Division) that under the Act of 1819 the pursuers were entitled to support for their pipe; that the provisions of the Act of 1843 as to minerals did not apply; and that the defenders were not entitled to work the minerals in the lands of Pentland and Straiton adjacent to or under the pipe in such manner as to injure the said pipe or to interfere with the continuous flow of water through it; and interdict granted against their doing so.

Judges:

Lord Chancellor (Halsbury), Lord Macnaghten, and Lord Robertson

Citations:

[1903] UKHL 124, 41 SLR 124

Links:

Bailii

Jurisdiction:

Scotland

Utilities

Updated: 13 June 2022; Ref: scu.630584

Postmaster-General v National Telephone Co Ltd: HL 2 Apr 1909

From the monopoly of the Postmaster General are excepted telegraph and telephone lines, ‘A’ to ‘A,’ between houses and offices of the same owner, under sec. 5 of the Telegraph Act 1869, but not ‘A’ to ‘B’ lines, between establishments of different owners. Electric signals without telephones fall within the monopoly.

Judges:

Lord Chancellor (Loreburn), the Earl of Halsbury, Lords Macnaghten, Collins, and Gorell

Citations:

[1909] UKHL 1040, 46 SLR 1040

Links:

Bailii

Jurisdiction:

England and Wales

Utilities

Updated: 11 June 2022; Ref: scu.620576

Severn Trent Water Ltd v Barnes: CA 13 May 2004

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 andpound;1560 was to compensate for the financial advantage to Severn Trent of using the main without having paid an appropriate sum by way of compensation during a period of 3 years up to the time (July 1995) when the judge considered that the matter would have been settled had Mr Barnes been properly advised. He had no right to an account of profits as well as a sum to compensate him for his loss. Award reduced accordingly.
Potter LJ said: ‘It is of course the position that in cases of trespass of this kind there is no right to a share in, or account of, profits in any conventional sense. The only relevance of the defendant’s profits is that they are likely to be a helpful reference point for the court when seeking to fix upon a fair price for a notional licence.’

Judges:

Lord Justice Potter Lord Justice Jonathan Parker And Sir Swinton Thomas

Citations:

[2004] EWCA Civ 570, [2004] 2 EGLR 95, [2004] 26 EG 194, [2005] RVR 181

Links:

Bailii

Statutes:

Water Industry Act 1991 159

Jurisdiction:

England and Wales

Citing:

Cited – Stoke City Council v W and J Wass 1998
The court decsribed the ‘user principle’ for awarding damages for inteference with land: ‘It is an established principle concerning the assessment of damages that a person who has wrongfully used another’s property without causing the latter any . .
Cited – HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening) HL 3-Aug-2000
Restitutionary Claim against Pofits from Breach
The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not . .
Cited – Martin v Porter 1839
Trespass to land – way-leave – unauthorised mining. . .
Cited – Jegon v Vivian 1871
Unauthorised mining of land – measure of damages.
Held: Although the value of his land may not have been diminished by the trespass, the plaintiff recovered damages equivalent to what he would have received if he had been paid for a wayleave. . .
Cited – Whitwham v Westminster Brymbo Coal and Coke Co CA 24-Jun-1896
Common law damages for the misuse of property involved an award of a sum equivalent to the price or hire that a reasonable person would pay for such use, even if the owner would not himself actually have been using the property. This case involved . .
Cited – Carr-Saunders v Dick McNeill Associates 1986
The claim was for interference with the plaintiff’s right to light.
Held: There is a need to approach infringements of easements of light with flexibility. The plaintiff’s subjective views as to the loss of light were not to the point. When . .
Cited – Bracewell v Appleby ChD 1975
The defendant wrongly used and asserted a right of way over a private road to a house which he had built.
Held: To restrain the defendant from using the road would render the new house uninhabitable. The court refused an injunction on the . .
Cited – Wrotham Park Estate Ltd v Parkside Homes Ltd ChD 1974
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant.
Held: The restrictive covenant not to develop other than in . .
Cited – Jaggard v Sawyer and Another CA 18-Jul-1994
Recovery of damages after Refusal of Injunction
The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way.
Held: The appeal failed.

Cited by:

Cited – Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others ChD 19-Oct-2007
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement.
Held: In an action for breach . .
Cited – Ramzan v Brookwide Ltd CA 19-Aug-2011
The defendant had broken through into a neighbour’s flying freehold room, closed it off, and then included it in its own premises for let. It now appealed against the quantum of damages awarded. The judge had found the actions deliberate and with a . .
Lists of cited by and citing cases may be incomplete.

Utilities, Land, Damages

Updated: 10 June 2022; Ref: scu.196772

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

Langley and others v Coal Authority: CA 21 Feb 2003

The claimants were owners of properties damaged by landslip. The respondent authority asserted it had the right under the Act to elect to pay compensation rather than to executre works to re-instate the property, and also to limit the amount of compensation.
Held: The section allowed the Authority to elect either to pay compensation equal to the diminution of value in the property, or to execute works to re-instate the property. Having not made such an election, the Authority was obliged to carry out the works. That remaining duty was unaffected by the amount of costs which would have had to be allowed for if an election had been made.

Judges:

Peter Gibson, Mance LJJ, Hopper J

Citations:

Times 31-Mar-2003, [2003] EWCA Civ 204

Links:

Bailii

Statutes:

Coal Mining Subsidence Act 1991 6(2)

Jurisdiction:

England and Wales

Utilities, Damages, Land

Updated: 07 June 2022; Ref: scu.181132

Rowe, Regina (on the Application of) v Vale of White Horse District Council: Admn 7 Mar 2003

The local council sought to claim payment for sewerage services enjoyed by a householder.
Held: Where a supplier has supplied services to another and there is no contractual relationship in existence, the law may afford to the supplier restitutionary remedy. Lightman J said: ‘there are four essential ingredients to a claim in restitution:
(i) a benefit must have been gained by the defendant;
(ii) the benefit must have been obtained at the claimant’s expense;
(iii) it must be legally unjust, that is to say there must exist a factor (referred to as an unjust fact) rendering it unjust, for the defendant to retain the benefit;
(iv) there must be no defence available to extinguish or reduce the defendant’s liability to make restitution.’

Judges:

The Hon Mr Justice Lightman

Citations:

[2003] 1 Lloyds Rep 418, [2003] EWHC 388 (Admin)

Links:

Bailii

Citing:

Cited – Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd HL 15-Jun-1942
A contract for the supply by the respondents of special machinery to be manufactured by them was treated as an ordinary contract for the sale of goods. It began valid, but suffered frustration by the outbreak of war.
Held: Lord Wright restated . .

Cited by:

Cited – Greater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd CA 19-Dec-2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 . .
Lists of cited by and citing cases may be incomplete.

Utilities, Local Government, Equity

Updated: 07 June 2022; Ref: scu.179910

Greenpeace and others v Commission: ECFI 9 Aug 1995

ECJ 1. Persons other than the addressees may claim that a decision is of individual concern to them only if that decision affects them by reason of certain attributes which are peculiar to them, or by reason of factual circumstances which differentiate them from all other persons and thereby distinguish them individually in the same way as the person addressed. The criterion thereby applied, which requires a combination of circumstances sufficient for the third-party applicant to be able to claim that he is affected by the contested decision in a manner which differentiates him from all other persons, remains applicable whatever the nature, economic or otherwise, of the interests affected.
Even on the assumption that, where interests linked to environmental protection are involved, the mere existence of harm suffered or to be suffered can give rise to an interest in bringing an action for annulment, that harm cannot confer locus standi on an applicant if it is such as to affect, generally and in the abstract, a large number of persons who cannot be determined in advance in a way which distinguishes them individually in the same way as the addressee of a decision. That conclusion cannot be affected by the fact that in the practice of national courts in matters relating to environmental protection locus standi may depend merely on the applicants’ having a ‘sufficient’ interest, since locus standi under the fourth paragraph of Article 173 of the Treaty depends on meeting the conditions relating to the applicant’ s being directly and individually affected by the contested decision.
2. As regards persons who rely only on their position as residents in the area of those power stations, fishermen, farmers or persons concerned by the consequences which those facilities might have on local tourism, on the health of residents and on the environment, a decision addressed to a Member State granting financial assistance from the European Regional Development Fund for the construction of two power stations is a measure whose effects are likely to impinge on, objectively, generally and in the abstract, various categories of person and in fact any person residing or staying temporarily in the area concerned. It does not, therefore, affect them by reason of certain attributes which differentiate them from any other person who is, or might be in the future, in the same situation, and is thus not of individual concern to them within the meaning of the fourth paragraph of Article 173 of the Treaty.
3. The granting of financial assistance from the European Regional Development Fund does not comprise any specific procedures whereby individuals may be associated with the adoption, implementation and monitoring of decisions taken in that field. Merely submitting a complaint relating to funding which is envisaged and subsequently exchanging correspondence with the Commission cannot therefore give a complainant locus standi to bring an action under Article 173 of the Treaty against a financing decision which was not addressed to him and which does not concern him individually as if it had been addressed to him.
4. An association formed for the protection of the collective interests of a category of persons cannot be considered to be individually concerned for the purposes of the fourth paragraph of Article 173 of the Treaty by a measure affecting the general interests of that category, and is therefore not entitled to bring an action for annulment where its members may not do so individually.
However, special circumstances such as the role played by an association in a procedure which led to the adoption of an act within the meaning of Article 173 of the Treaty may justify holding admissible an action brought by an association whose members are not directly and individually concerned by the contested measure. There are no such circumstances in the case of an environmental protection association seeking to bring an action for the annulment of a Commission decision addressed to a Member State granting financial assistance from the European Regional Development Fund for the construction of two power stations, which relies for that purpose on an exchange of correspondence and a meeting with the Commission in that connection. Such contacts do not enable such an association to rely on an individual interest where the Commission did not, prior to the adoption of the contested decision, initiate any procedure in which the association was recognized as an interlocutor and where the contacts were for purposes of information only, since the Commission was under no duty either to consult or to hear the association before adopting its decision.

Citations:

T-585/93, [1995] EUECJ T-585/93

Links:

Bailii

European, Utilities, Environment

Updated: 06 June 2022; Ref: scu.172772

Furness and Others v Thames Water Services Ltd, Environment Agency: Admn 17 Dec 2001

The Environment Agency had granted a licence for the incineration of waste, and this was challenged by the claimants, on the basis of the respondents having failed to comply with the procedures required by the Act and Regulations. The regulations included transitional procedures. They said the Agency had no standing under the Act to issue a licence.
Held: The transitional provisions were not easy, but had been navigated correctly by the Environment Agency. The Agency had considered the report governing these matters which did not in any event have the force of law. The application failed.

Judges:

Turner J

Citations:

[2001] EWHC Admin 1058

Links:

Bailii

Statutes:

Environmental Protection Act 1990 7 7(4), Pollution Prevention and Control (England and Wales) Regulations 2000 9, Council Directive 96/61/EC Integrated Pollution Prevention and Control

Environment, Utilities

Updated: 05 June 2022; Ref: scu.167369

Sefton Metropolitan Borough Council v United Utilities Water Ltd: CA 31 Jul 2001

Maghull Brook passed under a densely populated part of Merseyside, in an enclosed culvert constructed in about 1958. The question was whether this part had become a sewer before 1 April 1974, because of the culverting work. The parties discussed which was responsible for its maintenance, being successors to the authorities who had orginally constructed it and shared its maintenance. This depended on whather it had been construced under 1936 Act. The trial judge had held that it had always been a watercourse, and had not changed its character as such. Sefton appealed, focussing on the evidence as to the basis on which the culverting work had been undertaken in 1958.
Held: The work had been undertaken under Part XI of the 1936 Act, under general local authority powers, and not under Part II, under powers conferred on a local authority in respect of sewerage. Construction work done in relation to a channel may make a difference, depending on who did it and in what capacity.

Judges:

Robert Walker LJ

Citations:

[2001] EWCA Civ 1284

Links:

Bailii

Statutes:

Public Health Act 1936 Part II

Jurisdiction:

England and Wales

Cited by:

Cited – Raglan Housing Association Ltd v Southampton City Council and Southern Water Services Ltd CA 30-Jul-2007
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 . .
Lists of cited by and citing cases may be incomplete.

Utilities, Local Government

Updated: 04 June 2022; Ref: scu.166274

Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998

An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the meaning of Article 95 of the Treaty, not a charge having equivalent effect to a customs duty within the meaning of Articles 9 and 12, where it forms part of a general system of taxation which is levied not only on electrical energy as such but also on several primary energy sources, and where both imported electricity and electricity of domestic origin form part of the same tax system and the duty is levied by the same authorities under the same procedures, whatever the origin of the electricity. The fact that imported electricity is taxed at the moment of import and electricity of domestic origin at the moment of production makes no difference for the classification of such a duty, since in view of the characteristics of electricity those two moments correspond to the same marketing stage, namely that when the electricity enters the national distribution network. Community law does not, at its present stage of development, restrict the freedom of each Member State to establish a tax system which differentiates between certain products, even products which are similar within the meaning of the first paragraph of Article 95 of the Treaty, on the basis of objective criteria, such as the nature of the raw materials used or the production processes employed. Such differentiation is compatible with Community law, however, only if it pursues objectives which are themselves compatible with the requirements of the Treaty and its secondary legislation, and if the detailed rules are such as to avoid any form of discrimination, direct or indirect, against imports from other Member States or any form of protection of competing domestic products. Article 95 of the Treaty therefore does not preclude the rate of an internal duty on electricity from varying according to the manner in which the electricity is produced and the raw materials used, in so far as that differentiation is based on environmental considerations. Protection of the environment constitutes one of the essential objectives of the Community. The Community’s task includes the promotion of sustainable and non-inflationary growth respecting the environment and its activities include a policy in the sphere of the environment. Furthermore, compatibility with the environment of methods of producing electrical energy is an important objective of the Community’s energy policy.
Europa The first paragraph of Article 95 of the Treaty precludes an excise duty which forms part of a national system of taxation on sources of energy from being levied on electricity of domestic origin at rates which vary according to its method of production while being levied on imported electricity, whatever its method of production, at a flat rate which, although lower than the highest rate applicable to electricity of domestic origin, leads, if only in certain cases, to higher taxation being imposed on imported electricity. Article 95 of the Treaty is infringed by a system of internal taxation where the taxation on the imported product and that on the similar domestic product are calculated in a different manner on the basis of different criteria which lead, if only in certain cases, to higher taxation being imposed on the imported product. The fact that, because of the characteristics of electricity, it may prove extremely difficult to determine precisely the method of production of imported electricity and hence the primary energy sources used for its production cannot justify such a system of taxation, since practical difficulties cannot justify the application of internal taxation which discriminates against products from other Member States. Although in principle Article 95 of the Treaty does not require Member States to abolish objectively justified differences which national legislation establishes between internal taxes on domestic products, it is otherwise where such abolition is the only way of avoiding direct or indirect discrimination against the imported products.

Citations:

C-213/96, [1998] ECR I-1777, [1998] EUECJ C-213/96

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Commission v Council (Police And Judicial Cooperation In Criminal Matters) ECJ 13-Sep-2005
The Commission sought anullment of Council Framework Decision 2003/80/JHA on the protection of the environment through criminal law. The framework decision laid down a number of environmental offences, in respect of which the Member States are . .
Cited – Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs SC 15-Jun-2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 . .
Lists of cited by and citing cases may be incomplete.

Utilities, Customs and Excise

Updated: 03 June 2022; Ref: scu.161898

Elite Embroidery Ltd v Virgin Media Ltd: UTLC 31 Oct 2018

Electronic Communications Code – Jurisdiction – whether loss caused by failure to comply with old Code agreement may be subject of claim for compensation under new Code – paragraphs 84, 85 Electronic Communications Code – Schedule 3A, Communications Act 2003 – paragraph 14, Schedule 2, Digital Economy Act 2017 – notice of reference struck out

Citations:

[2018] UKUT 364 (LC)

Links:

Bailii

Statutes:

Electronic Communications Code 2017, Digital Economy Act 2017

Jurisdiction:

England and Wales

Utilities, Land

Updated: 03 June 2022; Ref: scu.628037

Commission v Luxembourg: ECJ 15 Jun 1995

ECJ In order to ensure that directives are fully applied in fact as well as in law, Member States must provide a precise legal framework in the field in question, by adopting rules of law capable of creating a situation which is sufficiently precise, clear and transparent to allow individuals to know their rights and rely on them before the national courts.
Even supposing that the ‘General Conditions for Telecommunications Services’ adopted and published by the public postal and telecommunications undertaking of a Member State have a content which complies with Directive 92/44 on the application of open network provision to leased lines, they cannot be regarded as ensuring an adequate transposition of that directive where it is apparent that that Member State has not adopted within the prescribed period the provisions needed to oblige that undertaking to comply with the requirements of the directive and to put individuals in a position to know the full extent of their rights under the directive and rely on them, if necessary, before the national courts.

Citations:

C-220/94, [1995] EUECJ C-220/94

Links:

Bailii

Jurisdiction:

European

Utilities

Updated: 03 June 2022; Ref: scu.161404

Regina v H M Treasury, ex parte British Telecommunications: ECJ 26 Mar 1996

The Government should not be ordered to pay compensation for failing to implement a European Directive which remained ambiguous. A failure to implement a directive into national law may be actionable but there would normally be only small damages. The breach here had not involved a manifest and grave disregard of European law.
LMA BT alleged improper implementation of a Directive on public procurement in the water, energy, transport and telecommunications sector. BT claimed to be financially disadvantaged and sought damages on the Francovich principle. Held: (does the case turn on discretion on implementation) the provisions of the Directive were sufficiently unclear as to justify the UK’s error. The court confirmed that ‘a restrictive approach to state liability is justified’
ECJ 1. It is not open to a Member State, when transposing into national law Directive 90/531 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, to determine which telecommunications services are to be excluded from its scope in implementation of Article 8(1), since that power is vested in the contracting entities themselves.
However, where a Member State has itself determined, in transposing that directive into national law, which services of a contracting entity are to be excluded in implementation of Article 8, it is not obliged under Community law to pay that entity compensation for damage suffered by it as a result of the error thus committed.
In the present case, the conditions which must be fulfilled in order for a Member State to incur liability to compensate individuals for damage caused to them as a result of a breach of Community law committed by it in the exercise of legislative functions in which it has a discretion, such as the transposition of a directive, are not wholly met. There has not been a sufficiently serious breach of Community law, since Article 8(1), which has been incorrectly transposed, is imprecisely worded and the interpretation given to it in good faith by the Member State in question, albeit erroneous, was not manifestly contrary to the wording of the directive or to the objective pursued by it.
2. In the light of its wording and purpose, the criterion which Article 8(1) of Directive 90/531 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors lays down in order to exclude from the scope of the directive certain contracts awarded by entities providing services in the fields in question, namely that ‘other entities are free to offer the same services in the same geographical area and under substantially the same conditions’, is to be verified as a matter of law and of fact, having regard in particular to all the characteristics of the services concerned, the existence of alternative services, price factors, the dominance or otherwise of the contracting entity’ s position on the market and any legal constraints.
3. In the case of a breach of Community law for which a Member State, acting in a field in which it has a wide discretion in taking legislative decisions, can be held responsible, Community law confers on injured parties a right to reparation where three conditions are met: the rule of law infringed must be intended to confer rights on individuals; the breach must be sufficiently serious; and there must be a direct causal link between the breach of the obligation resting on the State and the damage sustained by the injured parties.
Those conditions are applicable to the situation in which a Member State incorrectly transposes a Community directive into national law. A restrictive approach to State liability is justified in such a situation, for the reasons already given to justify the strict approach to non-contractual liability of Community institutions or Member States when exercising legislative functions in areas covered by Community law where the institution or State has a wide discretion – in particular, the concern to ensure that the exercise of those legislative functions is not hindered by the prospect of actions for damages whenever the general interest requires the institutions or Member States to adopt measures which may adversely affect individual interests.

Judges:

G.C. Rodriguez Iglesias, P

Citations:

Gazette 04-Sep-1996, Times 16-Apr-1996, C-392/93, (1996) QB 615 (ECJ), [1996] EUECJ C-392/93

Links:

Bailii

Cited by:

Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Lists of cited by and citing cases may be incomplete.

European, Utilities

Updated: 03 June 2022; Ref: scu.161193

H J Banks and Co Ltd v British Coal Corporation: ECJ 13 Apr 1994

The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting ruling. ‘As a body which supervises compliance with the Community rules of competition and has specialised departments for that purpose, the Commission has many years of experience with the result that its findings carry a degree of authority, although such authority is not binding. However, it is self-evident that no obstacles may be placed in the path of third parties seeking to challenge before the national court findings which the Commission has arrived at in a decision of that kind. If, on the basis of the parties’ arguments, the national court comes to the conclusion that the issues of fact and/or law decided by the Commission are incorrect or insufficient, or if at any rate it has serious doubts in that regard, then in the light of the Delimitis judgment it must take the following course of action: in the case of findings which carried no weight in the final decision and do not therefore underlie the reasoning of the Commission, the national court is at liberty to adopt a different interpretation: in those circumstances the risk of conflicting decisions and the resultant impairment of the principle of legal certainty is extremely small. On the other hand, in the case of findings which have an influence on the final decision arrived at by the Commission, the national court is well advised, in accordance with the provisions of its national procedural law, to suspend the proceedings in the case and to seek the necessary information from the Commission or make a direct reference to the court for a preliminary ruling concerning the validity of the decision in question or the interpretation of the relevant Community competition rules.’

Judges:

Advocate-General Van Gerven

Citations:

Times 13-May-1994, C-128/92, [1994] 5 CMLR 30, [1994] EUECJ C-128/92, [1994] ECR I-1209

Links:

Bailii

Jurisdiction:

European

Citing:

Cited – Foto-Frost v Hauptzollamt Lubeck-Ost ECJ 22-Oct-1987
ECJ Lack of jurisdiction of national courts to declare acts of Community institutions invalid – Validity of a decision on the post-clearance recovery of import duties. . .
Cited – Stergios Delimitis v Henninger Brau AG ECJ 28-Feb-1991
ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it . .
Cited – Hurd v Jones (Judgment) ECJ 15-Jan-1986
‘ . . . [A] provision produces direct effect in relations between the Member States and their subjects only if it is clear and unconditional and not contingent on any discretionary implementing measure.’ and ‘According to a consistent line of . .

Cited by:

Cited – Crehan v Inntrepreneur Pub Company (CPC) CA 21-May-2004
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was . .
Cited – Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 8-Feb-2001
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s . .
At ECJ – H J Banks and Co Ltd and Others v British Coal Corporation QBD 10-Aug-1994
No cause of action could be pursued where the European Commission only can decide liability and no decision had yet been made. An action would be dismissed for want of jurisdiction rather than be stayed until the decision was made. . .
At ECJ – Coal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher ComC 20-Dec-1996
ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal . .
First Reference – HJ Banks and Co Ltd v The Coal Authority and Secretary of State for Trade and Industry ECJ 20-Sep-2001
Europa Reference for a preliminary ruling: Court of Appeal (England and Wales) (Civil Division) – United Kingdom. ECSC Treaty – Licences to extract raw coal – Discrimination between producers – Special charges – . .
Lists of cited by and citing cases may be incomplete.

European, Utilities, Jurisdiction

Updated: 03 June 2022; Ref: scu.160920

Foster and others v British Gas plc: ECJ 12 Jul 1990

The defendants (BGC) were nationalised suppliers of gas. BGC was by statute a body with a legal persona operating under the supervision of the authorities. Its members were appointed by the Secretary of State, who also determined their remuneration. The statutory objective set was the development and maintenance of an efficient, co-ordinated and economical supply of gas for Great Britain. In conjunction with the Secretary of State it was to settle a research programme into matters which affected the supply of gas. Additionally, the Secretary of State had power to require BGC to report to him and comply with any directions he might give. The court asked whether British Gas was part of the State before it was privatised?
Held:

  • [A Directive] may be relied upon in a claim for damages against a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relation to individuals
  • ECJ has jurisdiction in proceedings for a preliminary ruling to determine the categories of person against whom the provisions of a directive may be relied on. It is for the national courts . . to decide whether a party to proceedings before them falls within one of the categories so defined.
  • must provide a public service pursuant to a measure adopted by the State
  • must be a public service under the control of the State
  • must have for that purpose special powers beyond those which result from the normal rules applicable in relation to individuals All criteria were satisfied in this case. All criteria were important.
    The HL had held the British Gas Corporation (before privatisation) met the criteria of the ECJ for defining an emanation of state and that British Gas was bound by vertical direct effect.
    It had been held in a series of cases that provisions of a European directive could be relied on against organisations and bodies which were subject to the authority or control of the State or had special powers beyond those which result from the normal rules applicable to relations between individuals. Reference was made to a number of its decisions to illustrate this point.
    Held: ‘It follows from the foregoing that a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals is included in any event among the bodies against which the provisions of a directive capable of having direct effect may be relied upon.’
    ECJ 1. Unconditional and sufficiently precise provisions of a directive may be relied upon against organizations or bodies which are subject to the authority or control of the State or have special powers beyond those which result from the normal rules applicable in relations between individuals. They may in any event be relied upon against a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals.
    2. Article 5(1 ) of Directive 76/207 on equal treatment for men and women as regards access to employment and working conditions is a provision which is unconditional and sufficiently precise to be relied on by an individual and to be applied by the national courts.

    • Judges:

    Sir Gordon Slynn, P

    Citations:

    [1991] 2 WLR 258, [1990] 2 CMLR 833, 2 CMLR 833 ECJ, C-188/89, [1990] ECR I-3313, [1990] EUECJ C-188/89, [1990] IRLR 353, [1990] 3 All ER 897, [1991] 1 QB 405, [1991] ICR 84

    Links:

    Bailii

    Statutes:

    Directive 1976 EEC/76/207 5(1)

    Cited by:

    Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
    Parish Councils are Hybrid Public Authorities
    The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
    Cited – Cameron and others v Network Rail Infrastructure Ltd QBD 18-May-2006
    The claimant sought damages from the defendant after the death of her father in the Potters Bar rail crash. The defendant applied for summary judgment saying that English law did not recognise a claim by a family member of a deceased save through . .
    Cited – North Wales Training and Enterprise Council Ltd v Astley and others HL 21-Jun-2006
    Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been . .
    At ECJ – Foster v British Gas plc HL 1991
    The House was asked for a preliminary ruling before a referral of the case to the ECJ as to whether the applicants could rely as against the British Gas Corporation on an unimplemented Council Directive. Although the gas industry had been privatised . .
    Lists of cited by and citing cases may be incomplete.

    European, Utilities, Employment, Company

    Updated: 01 June 2022; Ref: scu.160286

    Cargill v Gotts: CA 1981

    The Act prohibited abstraction of water from a river without a licence from the Water Authority. The defendant had no such licence, but asserted that having extracted water over many years from the mill pond, he had acquired the right to do so: ‘The Court will not recognise an easement established by illegal activity’. The court considered the effect of the change in extent of usage. The dominant owner had obtained by prescription a right to extract water from a pond on the servient land for the purpose of watering his animals on the dominant land. While remaining agricultural in nature, the use of the dominant land subsequently changed to arable, and there was a resultant substantial increase in the water taken from the servient pond, because the water was now used for crop-spraying. This was held to be a permissible enjoyment of the easement. ‘Water used for crop spraying is just as much used for agricultural purposes as water used for bullocks and the fact that more water may be required for crop spraying than for watering bullocks is not sufficient to destroy or alter the nature of the right asserted or the easement acquired.’ and ‘In my judgment, it is a mistake to concentrate on gallonage and detailed user.’

    Judges:

    Templeman LJ, Lawton LJ, Brandon LJ

    Citations:

    [1981] 1 WLR 441, [1981] CLY 742

    Statutes:

    Water Resources Act 1963

    Jurisdiction:

    England and Wales

    Cited by:

    Cited – Roland Brandwood and others v Bakewell Management Ltd CA 30-Jan-2003
    House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription.
    Cited – Hanning and Others v Top Deck Travel Group Ltd CA 9-Jun-1993
    The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot).
    Held: An easement . .
    Cited – Tinsley v Milligan CA 1992
    The court considered the defence of illegal user to a claim to have established an easement by prescription: ‘These authorities seem to me to establish that when applying the ‘ex turpi causa’ maxim in a case in which a defence of illegality has been . .
    Cited – McAdams Homes Ltd v Robinson and Another CA 27-Feb-2004
    The defendant blocked the line of a sewer. The claimant alleged that it had an easement and sought the cost of building the alternative pipe. The question to be answered was ‘Where an easement is granted by implication on the sale of a property, . .
    Cited – Bakewell Management Limited v Brandwood and others HL 1-Apr-2004
    Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal . .
    Lists of cited by and citing cases may be incomplete.

    Land, Utilities

    Updated: 01 June 2022; Ref: scu.179843

    Coventry and Solihull Waste Disposal Company Ltd v Russell: HL 25 Nov 1999

    Where an electricity supplier operated a waste plant to generate electricity, but still, the predominant use of the plant was for waste disposal, the rates were not to be calculated under the industry’s own special rules, but under those for the general rating of business premises. An explanatory note may be referred to as an aid to construction where the statutory instrument to which it is attached is ambiguous.
    Lord Hope considered the meaning of the phrase ‘in connection with’ and said: ‘The majority in the Court of Appeal held that it was a sufficient answer to the appellant’s argument to construe the words ‘in connection with’ as meaning ‘having to do with’. This explanation of the meaning of the phrase was given by McFarlane J in Re Nanaimo Community Hotel Limited [1944] 4 D.L.R. 638. It was adopted by Somervell L.J. in Johnson v. Johnson [1952] P. 47, 50-51. It may be that in some contexts the substitution of the words ‘having to do with’ will solve the entire problem which is created by the use of the words ‘in connection with.’ But I am not, with respect, satisfied that it does so in this case, and Mr. Holgate did not rely on this solution to the difficulty. As he said, the phrase is a protean one which tends to draw its meaning from the words which surround it. In this case it is the surrounding words, when taken together with the words used in the 1991 Amending Order and its wider context, which provide the best guide to a sensible solution of the problem which has been created by the ambiguity.’

    Judges:

    Lord Steyn Lord Cooke of Thorndon Lord Hope of Craighead Lord Clyde Lord Millett

    Citations:

    Times 30-Nov-1999, Gazette 08-Dec-1999, [1999] UKHL 49, [1999] 1 WLR 2093, [2000] 1 All ER 97

    Links:

    House of Lords, House of Lords, Bailii

    Statutes:

    Electricity Generators (Rateable Values) Order 1989 (1989 No 2474)

    Jurisdiction:

    England and Wales

    Cited by:

    Cited – Regina v Montila and Others HL 25-Nov-2004
    The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in . .
    Cited – Barclays Bank Plc and Another v HM Revenue and Customs CA 11-May-2007
    Retired bank employees had previously received free tax advice. When the service was withdrawn, the bank made a payment. The Revenue said that this payment was chargeable to income tax.
    Held: The bank’s appeal failed. The payment was made ‘in . .
    Lists of cited by and citing cases may be incomplete.

    Rating, Utilities, Environment

    Updated: 31 May 2022; Ref: scu.159032

    Thames Water Utilities Limited v Richardson, Fletcher, Codling: CA 8 Dec 2000

    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 said that original agreement had been varied.
    Held: The company had an enforceable duty to provide water to the houses. The original agreement was discharged, and the appeal allowed.

    Judges:

    Lord Justice Thorpe And Lord Justice Potter

    Citations:

    [2000] EWCA Civ 316

    Links:

    Bailii

    Statutes:

    Water Industry Act 1991 144

    Jurisdiction:

    England and Wales

    Utilities

    Updated: 31 May 2022; Ref: scu.147349

    Moase and Lomas v Secretary of State for the Environment, Transport and the Regions and South West Water Limited: CA 16 Jun 2000

    Objection to compulsory purchase order.

    Citations:

    [2000] EWCA Civ 193

    Links:

    Bailii

    Jurisdiction:

    England and Wales

    Citing:

    Cited – Ashbridge Investments Ltd v Minister of Housing and Local Government CA 1965
    The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made.
    Held: The court can interfere if the decision maker has taken into account a . .
    Lists of cited by and citing cases may be incomplete.

    Land, Utilities

    Updated: 31 May 2022; Ref: scu.147226

    Regina v Secretary of State Environment, ex parte Friends of the Earth Ltd and Another: QBD 4 Apr 1994

    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 Vestry of The Parish of St Marylebone v John Stephen Viret: 23 Jun 1865

    Where the vestry or district-hoard of a parish or district, under the powers conferred on them by the Metropolis Local Management Act, 18 and 19 Vict. c. 120, substitute a new sewer in a course different from that of an old one, arid think proper to divert house-drainage (not in itself defective or insufficient) from the latter to the former, they are bound (under s 69) to provide new drains for the old ones so diverted, and cannot call upon the owners of the premises, under s. 7.7, to pay the expense of such new drains.

    Citations:

    [1865] EngR 617, (1865) 19 CB NS 424, (1865) 141 ER 851

    Links:

    Commonlii

    Jurisdiction:

    England and Wales

    Utilities

    Updated: 30 May 2022; Ref: scu.281529

    Wyldecrest Parks (Management) Ltd v Beechwood Park Residents Association: UTLC 1 Feb 2018

    PARK HOMES – WATER CHARGES – whether first-tier tribunal has jurisdiction to determine breach of Water Resale Order 2006 – estimated charges based on previous year resulting in overpayment recouped in subsequent year – whether in breach of Order – whether repayment to be ordered – appeal allowed

    Citations:

    [2018] UKUT 30 (LC)

    Links:

    Bailii

    Jurisdiction:

    England and Wales

    Housing, Utilities, Landlord and Tenant

    Updated: 29 May 2022; Ref: scu.623924

    Phones 4U Ltd v EE Ltd: ComC 16 Jan 2018

    The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant sought payment of sums remaining due under the contracts entered into by consumers, but the defendant counterclaimed saying that the decision to enter administration was a repudiation with associated losses. The claimant now sought summary judgment.
    Held: The application was granted.

    Judges:

    Andrew Baker J

    Citations:

    [2018] EWHC 49 (Comm), [2018] WLR(D) 39

    Links:

    Bailii, WLRD, Judiciary, Judiciary Summary

    Jurisdiction:

    England and Wales

    Citing:

    Cited – Maple Flock Co v Universal Furniture Products (Wembley) Ltd CA 1934
    The court considered the effect of a breach in a contract for delivery by instalments.
    Held: The chief considerations are first, the ratio quantitatively which the breach bears to the contract as a whole, and secondly, the degree of . .
    Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961
    The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, . .
    Cited – Key2Law (Surrey) Llp v De’Antiquis CA 20-Dec-2011
    . .
    Cited – Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd CA 23-May-2013
    . .
    Cited – Monarch Airlines Ltd, Regina (on The Application of) v Airport Coordination Ltd CA 22-Nov-2017
    . .
    Cited – Boston Deep Sea Fishing and Ice Co v Ansell CA 1888
    An employer having dismissed an employee (its managing director) later learnt of the employee’s fraud.
    Held: The employer was allowed to rely upon that fraud to justify the dismissal. Where an agent is in wrongful repudiation of his contract . .
    Cited – Yeoman Credit Ltd v Waragowski CA 1961
    The defendant had paid the initial deposit for and took delivery on hire-purchase terms of a van, but made no monthly hire-purchase instalments. The plaintiff terminated, took possession of the van and sued for hire-purchase arrears and damages. . .
    Cited – Financings Ltd v Baldock CA 1963
    The hirer took delivery of a vehicle under an HP contract. he plaintiff exercised a contractual right to terminate the hiring and take possession of the vehicle when the defendant failed to pay the first two monthly instalments.
    Held: Where an . .
    Cited – Financings Ltd v Baldock CA 1963
    The hirer took delivery of a vehicle under an HP contract. he plaintiff exercised a contractual right to terminate the hiring and take possession of the vehicle when the defendant failed to pay the first two monthly instalments.
    Held: Where an . .
    Cited – Lombard North Central v Butterworth CA 31-Jul-1986
    The defendant entered into a hire-purchase contract for a computer, time being stipulated to be ‘of the essence’ in relation to the payment obligations. He defendant defaulted, and the plaintiff took possession of the goods, and and sought payment . .
    Cited – Vitol Sa v Norelf Ltd HL 10-Jul-1996
    (The Santa Clara) The seller was to deliver propane by a ship set to leave on a certain date. The market was falling. The buyer, when it was clear that the ship would be unable to leave on the day fixed, sent a telex to say that the contract was . .
    Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
    The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
    Cited – Modern Engineering (Bristol) Ltd v Gilbert Ash (Northern) Ltd HL 1974
    The court considered how to construe a clause in a contract which excluded a remedy provided by law. Lord Diplock said: ‘It is, of course, open to parties to a contract . . to exclude by express agreement a remedy for its breach which would . .
    Cited – And So To Bed Ltd v Dixon 2001
    The defendants, Mr and Mrs Dixon, were franchisees of an ‘And So To Bed’ shop. The franchise was terminated by the claimant, purportedly under a clause of the franchise agreement which entitled the claimant summarily to terminate the agreement for . .
    Cited – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
    A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .
    Cited – Stocznia Gdanska Sa v Latvian Shipping Company and others CA 23-Jul-2002
    Application for leave to appeal to the House of Lords refused. . .
    Cited – Leofelis Sa and Another v Lonsdale Sports Ltd 7 Ors ChD 8-Mar-2007
    . .
    Lists of cited by and citing cases may be incomplete.

    Contract, Utilities

    Updated: 29 May 2022; Ref: scu.606402

    Thames Water Utilities Ltd v London Borough of Bromley: Admn 4 Mar 2000

    The court considered an appeal by case stated against a conviction on 16 separate informations alleging offences of failing to complete permanent reinstatement as required by section 70(4).

    Citations:

    [2000] EWHC Admin 301

    Links:

    Bailii

    Statutes:

    New Roads and Street Works Act 1991 70

    Cited by:

    Cited – Hertfordshire County Council v National Grid Gas Plc Admn 2-Nov-2007
    The council laid complaints against the defenedant that it had not properly re-instated road surfaces after completing works. It now appealed, by way of case stated, against the court’s acceptance of the defendant’s argument that the large number of . .
    Lists of cited by and citing cases may be incomplete.

    Utilities, Crime

    Updated: 29 May 2022; Ref: scu.140115