London Borough of Bromley v Morritt: CA 21 Jun 1999

The defendants appealed against orders relating to the construction of a sewage pipe through their garden under powers given under the Act. The defendant had later blocked the pipe and the authority sought to recover the costs of repair. He claimed that the pipe was a drain, not a sewer, and had therefore been laid unlawfully.
Held: Whether it was a sewer or a drain depended upon the intention at the time it was constructed, and not its current use. A sewer would serve more than one property. That had been the intention, and the judgment was correct. In a second appeal, the defendant had constructed a wall enclosing land, and claimed ownership by limitation. The land enclosed included land over which there was a public right of way, and accordingly no acquisition by adverse possession was possible.
Mummery LJ said: ‘In my judgment, this appeal does fail. On the judge’s finding of fact the land enclosed by the fence and the wall was part of the public highway. As a matter of law, an adverse possession or squatter’s title cannot be acquired to land over which a public right of way exists. The only question is the exercise of discretion to make a mandatory order.’

Judges:

Swinton Thomas, Mummery LJJ

Citations:

[1999] EWCA Civ 1631, [1999] 78 P and CR D37

Statutes:

Public Health Act 1936 15(1)

Jurisdiction:

England and Wales

Citing:

CitedBeckenham Urban District Council v Wood 1896
The court considered at what point a drain became a sewer: ‘The general rule, as I understand, is, that where a drain receives the sewage of two or more houses it is a sewer; where it receives the sewage of one house only it may still remain a . .
Application for leaveLondon Borough of Bromley v l Morritt CA 20-Jul-1998
The defendant sought an extension of time to apply for leave to appeal. He had been ordered to remove a wall which the claimant said enclosed what was part of the highway, and which the defendant said he had acquired by adverse possession.

Cited by:

CitedSmith, Regina (on the Application of) v The Land Registry (Peterborough Office) Admn 13-Feb-2009
The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the . .
CitedSmith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another CA 10-Mar-2010
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse . .
Lists of cited by and citing cases may be incomplete.

Land, Limitation, Utilities

Updated: 21 January 2023; Ref: scu.146546

Regina v Secretary of State for the Environment Ex Parte Friends of the Earth and Another: CA 7 Jun 1995

The Secretary of State can accept an undertaking from water companies instead of making an order to satisfy the obligations under the European directives.

Citations:

Times 08-Jun-1995, Independent 07-Jun-1995

Statutes:

Water Industry Act 1991 68(1)(a)

Jurisdiction:

England and Wales

Environment, Utilities, European

Updated: 21 January 2023; Ref: scu.87792

Hertfordshire Oil Storage Ltd v Regina: CACD 16 Mar 2010

Liable Operator was the person noified

The company, a joint venture enterprise, appealed against a refusal to stay prosecutions for various infringements when a fuel depot they were said to control (the Buncefield oil terminal) exploded. The company denied that they were the operator as required within the law.
Held: The operator was the person notifying himself to the authorities as being such, even if it did not have the necessary day to day control of the premises to exert actual control. It had been Total which originally gave such notifications, and it was for the prosecutor to establish that the appellant had given a subsequent modifying notification. A subsequent safety report informally pointed to the appellant, but the authority had not suggested the need to regularise the notification. There was therefore evidence to suggest that the appellant might be the operator, and it should be for a jury to establish the true position. The appeal failed.

Judges:

Hooper LJ

Citations:

[2010] EWCA Crim 493

Statutes:

Health and Safety at Work etc Act 1974 2(1) 3(1), Water Resources Act 1991 85(1), Control of Major Accident Hazards Regulations 1999 4, Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances

Jurisdiction:

England and Wales

Citing:

CitedColour Quest Ltd and others v Total Downstream UK Plc and others (Rev 1) ComC 20-Mar-2009
The claim arose when a petrol spillage created a large vapour cloud which exploded causing widespread damage and injury. . .
Lists of cited by and citing cases may be incomplete.

Crime, Health and Safety, Utilities

Updated: 20 December 2022; Ref: scu.402958

Rex v Montague: 1825

The Commissioners of Sewers might have the power to extinguish public rights of navigation if they found that it would be for the benefit of the whole level.

Judges:

Bayley J

Citations:

Unreported 1825

Jurisdiction:

England and Wales

Cited by:

CitedRowland v The Environment Agency ChD 19-Dec-2002
Public rights of Navigation have since time immemorial at common law existed over the Thames including (unless and until extinguished or ceasing to be exercisable) Hedsor Water. The claimant sought a declaration that rights of navigation over that . .
Lists of cited by and citing cases may be incomplete.

Utilities, Land

Updated: 12 December 2022; Ref: scu.187534

Rex v Lord Grosvenor: 1819

An obstruction interfering with navigation on the Thames with a public right of navigation was unlawful even if erected with the Conservators’ consent unless the Conservators were granted statutory power to give such consent.

Citations:

(1819) 176 ER 720

Jurisdiction:

England and Wales

Cited by:

CitedRowland v The Environment Agency ChD 19-Dec-2002
Public rights of Navigation have since time immemorial at common law existed over the Thames including (unless and until extinguished or ceasing to be exercisable) Hedsor Water. The claimant sought a declaration that rights of navigation over that . .
Lists of cited by and citing cases may be incomplete.

Utilities, Land

Updated: 07 December 2022; Ref: scu.187535

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 individual complaints would lead to a risk of a substantially greater punishment than parliament had intended, and that this amounted to an abuse of process.
Held: The appeal failed. The judge had been correct to say that it was wrong to complain of each separate error. It was not open to the council to lay multiple informations under the subsection in relation to a single date (though the defendant has accepted that it was open to the council to lay separate informations in relation to different dates). The laying of multiple informations in respect of a single offence was an abuse of process.

Judges:

Richards LJ, Openshaw J

Citations:

[2007] EWHC 2535 (Admin), [2008] 1 All ER 1137, [2008] 1 WLR 2562

Links:

Bailii

Statutes:

New Roads and Street Works Act 1991

Jurisdiction:

England and Wales

Citing:

CitedDirector of Public Prosecutions v Humphrys HL 1977
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. . .
CitedBritish Telecommunications Plc v Nottinghamshire County Council Admn 21-Oct-1998
The court considered an appeal by case stated against a conviction on 2 informations under sections 71(1) and (5). One alleged a failure to comply with the prescribed requirements as to the specification of materials to be used in reinstating the . .
CitedThames 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). . .
CitedRegina v Manchester Coroner, ex parte Tal 1985
The court asked whether the Divisional Court was bound by previous decisions of that court, and answered: ‘we find it difficult to imagine that a single judge exercising this (supervisory) jurisdiction (of the High Court) would ever depart from a . .
Lists of cited by and citing cases may be incomplete.

Utilities, Criminal Practice

Updated: 05 December 2022; Ref: scu.260206

Denny and Dunipace Water: HL 4 May 1920

The Town Council of the Burgh of Denny and Dunipace (commonly described as Denny) promoted this Order, the purpose of which was to obtain a further water supply. This it was proposed to obtain by appropriating as a reservoir Loch Coulter in the Denny Hills, and leading into it the water of a new catchment area which had previously reached the outflow of the loch lower down. Loch Coulter had for long beyond the prescriptive period been used as a service reservoir by mill-owners and a valuable fish hatchery (Howieton), and it was alleged to contain water of a purity which necessitated no filtration for domestic use. The works contemplated the raising of the level of the loch with two draw-off pipes, the upper in charge of the mill-owners, and co., and the lower in charge, under conditions, of Denny. Loch Coulter was not within the catchment area of the existing water scheme of Denny, but was in close proximity (five miles) to the burgh.
The Order was opposed (1) by the Falkirk and Larbert Water Trustees, and (2) by the County Council of Stirlingshire and its Central and its Eastern District Committees, while it was watched (3) on behalf of the owners of the mills and fish hatchery. The opposition was based on the ground that the district would be, better served by a combined (amalgamated) scheme, there being at least five authorities getting water from the same district, and indirectly on the ground that Denny’s requirement was not pressing, and was more than met by the offers of a temporary supply made under conditions by the objectors and to be obtained from their existing systems.
After some days’ inquiry parties came to an agreement whereby the promoters were to obtain a supply of water on terms for some years, and subsequently on the payment of a capital sum a supply of water of a limited amount for ever; and the only question remaining was that of expenses.
That was ultimately settled on the basis that the objectors paid the expenses not only of the promotion of the Order, but of what was incidental thereto, such as the engineers’ inquiry, and co.
The promoters thereupon withdrew the Order.

Citations:

[1920] UKHL 781 – 1, 57 SLR 781 – 1

Links:

Bailii

Jurisdiction:

Scotland

Utilities

Updated: 30 November 2022; Ref: scu.631525

Wills Trustees v Cairngorm Canoeing and Sailing School: HL 1976

The public right of navigation (PRN) is a right to public use of the river. The river may be used by the public for purposes of exercise and recreation as well as transport and commerce. At common law PRN cannot be lost by lack of use over time. ‘A public right of way on highways is established by use over the land of a proprietor.’ The existence of the right does not depend upon there being two termini for any journey. The right may embrace the passage of articles without human accompaniment, for instance, the floating of logs on the current either singly or in rafts.

Judges:

Lord Wilberforce, Lord Salmon, Lord Fraser of Tullybelton

Citations:

[1976] SC (HL) 30

Jurisdiction:

Scotland

Cited by:

CitedRowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
CitedDirector of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
CitedAttorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton HL 5-Dec-1991
The appellants owned land through which flowed the river Derwent. Attempts were to be made to restore the river to navigability. The appellants denied that any public rights existed over the river.
Held: The 1932 Act could only give rise to a . .
Lists of cited by and citing cases may be incomplete.

Utilities, Transport, Land

Updated: 25 November 2022; Ref: scu.190125

Robinson v Workington Corporation: CA 1897

Mr Robinson’s houses were damaged by water overflowing from the council’s public sewers. The sewers were adequate until new houses were built. He claimed damages in respect of the council’s failure to build a new sewer of sufficient dimensions to carry off the increased volume of sewage.
Held: The court dismissed his claim. The 1875 Act provided a mechanism for enforcing performance of the statutory drainage obligation. The remedy available for breach of the drainage obligation was determined by the statute, which provided that in cases of default the Local Government Board should make an appropriate order which, if not complied with, was enforceable by a writ of mandamus. That was the only remedy: ‘It has been laid down for many years that, if a duty is imposed by statute which but for the statute would not exist, and a remedy for default or breach of that duty is provided by the statute that creates the duty, that is the only remedy. The remedy in this case is under section 299, which points directly to section 15, and shews what is to be done for default of the duty imposed by that section. That is not the remedy sought for in this action, which is brought to recover damages.’

Judges:

Lord Esher MR

Citations:

[1897] 1 QB 619

Statutes:

Public Health Act 1875 299

Jurisdiction:

England and Wales

Citing:

AppliedGlossop v Heston and Isleworth Local Board CA 9-May-1879
The local authority was held not liable for damage caused by an overflow of their sewage systems which had been adequate when installed but became inadequate over time. . .

Cited by:

CitedMarcic 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 . .
ConfirmedPasmore v Oswaldtwistle Urban District Council HL 1898
Where an Act creates an obligation, and enforces the performance in a specified manner, it is a general rule that performance cannot be enforced in any other manner.
Earl of Halsbury LC said: ‘The principle that where a specific remedy is given . .
Lists of cited by and citing cases may be incomplete.

Utilities, Nuisance

Updated: 25 November 2022; Ref: scu.188627

Hesketh v Birmingham Corporation: 1924

The court rejected a claim for nuisance where a claim was available under the 1875 Act.

Judges:

Scrutton LJ

Citations:

[1924] 1 KB 260

Statutes:

Public Health Act 1875

Jurisdiction:

England and Wales

Cited by:

CitedMarcic 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.

Land, Utilities, Nuisance

Updated: 25 November 2022; Ref: scu.188630

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 been covered over and was now entirely surrounded by concrete. The second defendant appealed a preliminary finding that the culvert was a surface water sewer.
Held: The appeal was allowed. Where work has been done to the structure of a channel through or along which a watercourse flows, the statutory authority for the work could be such that it changes the character of the flow from that of a watercourse to that of a sewer. Whether it does will depend on the facts of the given case and the terms of the statute. However, the stream started as a watercourse, carrying natural ground water, as well as, inevitably, some surface water. It still starts in the same place and is still partly open there. The natural assumption should be that it still carries natural ground water. Therefore: ‘the status of the stream as it flows through the culvert as a watercourse has not changed, however much its appearance may have changed in that part, and whatever changes there may have been to its character and even its status elsewhere in the channel, both upstream and downstream.’

Judges:

LLoyd LJ, Toulson LJ

Citations:

[2007] EWCA Civ 785, [2008] 2 All ER 44

Links:

Bailii

Statutes:

Water Industry Act 1991 219(1)

Jurisdiction:

England and Wales

Citing:

CitedShepherd v Croft 1911
Parker J said that ‘the mere fact that a natural watercourse is culverted or piped by the several owners of the lands which are intersected by it does not make it a drain or sewer so as to vest it in the local authority’ under the 1875 Act. . .
CitedGeorge Legge and Son Ltd v Wenlock Corporation HL 1938
The question was whether the status of a natural stream could be changed to that of a sewer by the unlawful discharge for a long period of sewage into the stream. The claimant asserted that a right by way of an easement could be acquired despite the . .
CitedAttorney General v Lewes Corporation 1911
The local authority was accused of discharging crude sewage into an intermittent partially tidal stream.
Held: Swinfen Eady J said: ‘The question then arises, is the culvert a sewer? The plaintiffs contend it is. The defendants dispute it. The . .
CitedSefton 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 . .
CitedBritish Railways Board v Tonbridge and Malling District Council CA 1981
The court was asked whether a culvert under a railway carried a sewer or a watercourse. It appeared that the construction of the railway had interrupted natural watercourses which drained a large catchment area, and the culvert was to carry the . .
Lists of cited by and citing cases may be incomplete.

Land, Torts – Other, Utilities

Updated: 19 November 2022; Ref: scu.260133

Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013

Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage.
Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not to be found in dictionary definitions. However, when construed in the context both of sub-section (1)(a) and s.33 as a whole, the preponderance of the argument favours and clearly so, the word ‘deposit’ including unintended escapes. The contrary argument, that this construction results in an unsatisfactory overlap with s.34 of the Act, falls to the ground because s.34 is inapplicable in such circumstances. Conscious though I am that s.33 gives rise to a penal provision, I am satisfied that the usual and strong presumption of a mens rea is here displaced.’

Judges:

Gross LJ, Singh J

Citations:

[2013] EWHC 472 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 33(1)(a)

Citing:

CitedShanks and Mcewan (Southern Waste Services) Ltd v Environment Agency Admn 14-Oct-1997
Mance J explained the need to construe the statute so as to identify the rule of attribution appropriate to the relevant statutory offence: ‘The rule of attribution appropriate to a particular situation (e.g., the nature and level of conduct or . .
CitedMilton Keynes District Council v Fuller and Another Admn 23-Jun-2011
The magistrates had concluded that the movement of waste, previously tipped by others in the entrance to the Respondents’ field, did not amount to a ‘deposit’, within s.33(1)(a) of the 1990 Act. The Council appealed against dismissal of it . .
CitedRegina (Thames Water Utilities) v The South East London Division, Bromley Magistrates’ Court ECJ 8-Feb-2007
ECJ Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) – Treatment of waste water Directive 75/442 Directive 91/271 Waste Concept . .
CitedGateway Professional Services (Management) Ltd v Kingston Upon Hull City Council Admn 8-Mar-2004
An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant’s own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an . .
CitedScott and Another v Westminster City Council CA 20-Mar-1995
A vendor’s ‘hot chestnut’ stall was an ‘item deposited on highway’ and could be removed by the Council under the 1980 Act. Waite LJ said: ‘The verb ‘to deposit’ is a term of wide connotation, apt to describe any state of affairs in which one object . .
CitedRemet Co Ltd v Newham London Borough Council QBD 1981
The defendants, when loading non-ferrous metal swarf on to lorries standing on the highway, from time to time miscalculated the available space in a lorry being loaded, and some of the swarf accidentally fell on to the road. In respect of three such . .
CitedGammon (Hong Kong) Ltd v A-G of Hong Kong PC 1984
Lord Scarman expressed the purpose of imposing strict liability within criminal law: ‘In their Lordships’ opinion, the law relevant to this appeal may be stated in the following propositions . . : (1) there is a presumption of law that mens rea is . .
CitedSweet v Parsley HL 23-Jan-1969
Mens Rea essential element of statutory Offence
The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the . .
Lists of cited by and citing cases may be incomplete.

Utilities, Environment

Updated: 14 November 2022; Ref: scu.471921

Lowry Brothers Ltd and Others v Northern Ireland Water Ltd: QBNI 22 Feb 2013

The Plaintiffs challenged the outcome of an exercise conducted by the defendant concerning the procurement of contracts for what is known as the ‘IF019 Capital Delivery Framework’. The overarching purpose of this scheme is described as the improvement of water and sewerage services, including customer services and the achievement of substantial operational and capital investment efficiencies, in Northern Ireland.

Judges:

McCloskey J

Citations:

[2013] NIQB 23

Links:

Bailii

Northern Ireland, Utilities

Updated: 14 November 2022; Ref: scu.471606

The Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc: CA 7 Feb 2013

‘This appeal is concerned with limited but important aspects of one power of sewerage undertakers, the implied power to discharge the contents of . . sewers . . on to third party property without the owner’s consent (‘the implied right of discharge’). This court held that that right was implied in the statutory framework governing sewerage undertakers in 1897. The central question on this appeal is this: was this right, as Newey J held, permanently saved from repeal in 1989 or 1991, as respects outfalls from sewers in place in 1989, because it was transferred under statutory transfer schemes for the transfer of property, rights and liabilities from the then sewerage undertakers to successor companies in preparation for privatisation in 1989?’

Judges:

Arden, Sullivan, Patten LJJ

Citations:

[2013] EWCA Civ 40, [2013] WLR(D) 50, [2013] 2 All ER 642, [2013] Env LR 20, [2013] 1 WLR 2570

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Utilities, Environment, Land

Updated: 14 November 2022; Ref: scu.470831

Thames Water Utilities Ltd v Transport for London: Admn 17 Jan 2013

Thames appealed against a conviction for having infringed the 2007 Regulations.

Judges:

Laws LJ, Hickinbottom J

Citations:

[2013] EWHC 187 (Admin)

Links:

Bailii

Statutes:

Traffic Management Act 2004, Traffic Management Permit Scheme (England) Regulations 2007 19

Jurisdiction:

England and Wales

Utilities, Road Traffic

Updated: 14 November 2022; Ref: scu.470836

Dzvergas Mrezhi and Balgarska Gazova Asotsiatsia (Common Rules for The Internal Market In Natural Gas – Natural Gas Storage Obligations – Judgment): ECJ 30 Apr 2020

Reference for a preliminary ruling – Common rules for the internal market in natural gas – Directive 2009/73/EC – Article 3(1) to (3) and Article 41(16) – Public service obligations – Natural gas storage obligations for the purposes of ensuring the security and regularity of supply – National legislation providing that the financial burden of the public service obligations imposed on the natural gas undertakings is to be passed on to their customers – Conditions – Adoption of a legal act by a national regulatory authority imposing a public service obligation – Procedure – Articles 36 and 38 of the Charter of Fundamental Rights of the European Union

Citations:

C-5/19, [2020] EUECJ C-5/19

Links:

Bailii

Jurisdiction:

European

Utilities

Updated: 12 November 2022; Ref: scu.660162

Commission v Slovakia (Energy): ECJ 15 Mar 2011

ECJ Failure of a Member State to fulfil obligations – Internal market in electricity – Directive 2003/54/EC – Priority Access – Non-discriminatory access to transmission and distribution systems – Investment contract concluded prior to accession to the European Union – Energy Charter Treaty – Bilateral Investment Protection Agreement -Article 307 EC – Fair and equitable treatment – Expropriation.

Citations:

C-264/09, [2011] EUECJ C-264/09

Links:

Bailii

Jurisdiction:

European

Utilities

Updated: 09 November 2022; Ref: scu.430709

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 of making connections and subject to the control of any person appointed to superintend the making of the connections; but no regulations can justify an absolute refusal to allow a connection to be made on any terms’.

Judges:

Cozens-Hardy J

Citations:

[1899] Ch 378

Statutes:

Public Health Act 1875 21

Jurisdiction:

England and Wales

Cited by:

CitedBarratt 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 . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 09 November 2022; Ref: scu.383816

Commission v Belgium and Du Gaz Naturel (Judgment): ECJ 3 Dec 2020

Failure of State to fulfill obligations – Directives 2009/72 / EC and 2009/73 / EC – Internal market in electricity and natural gas – Effective separation between the management of electricity and gas transmission networks, on the one hand , and supply and production activities, on the other hand – Establishment of independent national regulatory authorities

Citations:

ECLI:EU:C:2020:984, C-767/19, [2020] EUECJ C-767/19

Links:

Bailii

Jurisdiction:

European

Utilities

Updated: 09 November 2022; Ref: scu.660707

Hidroelectrica (Internal Market In Electricity – Exports of Electricity – Opinion): ECJ 2 Apr 2020

Question referred for a preliminary ruling – Internal market in electricity – Article 35 TFEU – Free movement of goods – Quantitative restrictions on exports – Measures having equivalent effect – Exports of electricity – National measure according to which electricity producers are obliged to trade all the electricity produced exclusively on a centralised competitive national market)

Citations:

C-648/18, [2020] EUECJ C-648/18_O, ECLI:EU:C:2020:256, [2020] EUECJ C-648/18

Links:

Bailii, Bailii

Jurisdiction:

European

Utilities

Updated: 05 November 2022; Ref: scu.660127

Telefonica O2 UK Ltd and Others v British Telecommunications Plc and Another: CA 25 Jul 2012

BT had introduced a new tarriff for termination charges in respect of calls made from mobile phones to 08 numbers.
Held: The Court overruled the CAT and restored the decision of Ofcom. The CAT had been wrong to attach weight to their view that a restraint on BT’s freedom to set its own charges would itself distort competition, and wrong to attach weight to the fact that BT, not having significant market power in a relevant market, was not subject to ex ante control of its prices on competition grounds.

Judges:

Lloyd, Etherton, Elias LJJ

Citations:

[2012] EWCA Civ 1002

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromTelefonica O2 Uk Ltd v Office of Communications and Another CAT 7-Oct-2010
OFCOM had disallowed a new termination tarriff imposed by BT on mobile network operators.
Held: The appeal succeeded. BT had the right to vary its charges subject to compiance with the appropriate European objectives and directives. Since the . .

Cited by:

Appeal fromBritish 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.

Media, Commercial, Utilities

Updated: 04 November 2022; Ref: scu.463312

National Grid Gas Plc, Regina (on the Application of) v The Environment Agency: Admn 17 May 2006

The claimant sought a judicial review of the decision to hold them responsible for necessary works of remediation. They were statutory successors to British Gas Corporation.
Held: The legislation clearly attempted to hold the contaminator primarily responsible for works of remediation. Where the contaminating owner was no longer available to pay the cost, its successors were to be held responsible.
Forbes J: ‘at the time of the relevant transfers the transferring company or body had undertaken activities which had resulted in a situation where contaminating substances were caused to be present on the site. That was in itself sufficient to give rise to liability on the part of that company or body under Part IIA, once those provisions were enacted and had come into force . . it is entirely consistent with the intention of Parliament in enacting the Gas Acts transfer provisions, that the transferee company (acquiring as it did, all the assets, rights and liabilities of the transferor) should step into the shoes of the transferor, not only in terms of current actual liabilities, but also in respect of liabilities that would come into being in the future in respect of the past activities of the transferor. In other words, the transferee would assume the exposure of the transferor (which would cease to exist under the scheme of the Gas Act in question) to future liability relating to past actions of the transferor. ‘

Judges:

Forbes J

Citations:

[2006] JPL 1823, Times 31-May-2006, [2006] EWHC 1083 (Admin), [2006] ACD 88, [2006] 1 WLR 3041, [2006] Env LR 49, [2007] 1 All ER 1163

Links:

Bailii

Statutes:

Environmental Protection Act 1990, Gas Act 1972

Jurisdiction:

England and Wales

Citing:

CitedCaledonian Railway Company v North British Railway Company HL 1881
The House considered the principle of the literal construction of a statute: ‘The more literal construction ought not to prevail, if . . it is opposed to the intentions of the Legislature, as apparent by the statute; and if the words are . .
CitedParochial 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 . .
CitedNash v Rochford Rural District Council CA 1917
A claim was made against the local highway authority for personal injury resulting from the defective construction of a highway drain. The plaintiff failed to prove that the defendant highway authority had been responsible for the construction of . .
CitedRegina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine CANI 1992
An inquest was held into three deaths thought to be at the hands of British soldiers. The coroner had admitted written evidence from statements taken by British officers on the basis that the makers of the statements were not compellable as . .
CitedWalters v Babergh District Council 1983
An action was brought for for negligence and/or breach of statutory duty under the 1936 Act. The plaintiff alleged that Melford Rural District Council (‘Melford’: the Defendant Council’s predecessor) had failed to inspect with reasonable care the . .
CitedIncome Tax Commissioners for City of London v Gibbs HL 1942
Lord Macmillan considered the construction of the word ‘person’ in the context of a partnership under Scots law: ‘The word ‘person’ is in the singular, but it includes the plural and also any body of persons corporate or unincorporate: . .
CitedRegina v Minister of Agriculture and Fisheries, Ex parte Graham CA 1955
On a true construction of section 104(5) of the Agriculture Act 1947 a sub-committee or a district committee of a county agricultural executive committee is not excluded from being ‘a person’ who may be appointed by the Minister to hear . .
CitedBaxter v Stockton-on-Tees Corporation 1959
The court was asked to set out the responsibilities of the local authority as highway authority for any failure to construct, maintain and provide signage on its roads: ‘As to the hypothetical case against the county council, there is, as we have . .

Cited by:

Appeal fromNational Grid Gas Plc, Regina (on the Application of) v The Environment Agency HL 27-Jun-2007
The Agency sought to impose liability on the appellant to remediate land which had been polluted by the appellant’s predecessor, the East Midlands Gas Board, claiming it to be a responsible as successor.
Held: The appeal succeeded: ‘the . .
Lists of cited by and citing cases may be incomplete.

Environment, Utilities

Updated: 04 November 2022; Ref: scu.241748

Regina v Secretary of State for Trade and Industry, ex parte British Telecommunications: ECJ 12 Dec 1996

ECJ 1 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Scope – `Telecommunications organizations’ defined as bodies holding special or exclusive rights – Concept
(Council Directives 90/387, Arts 1(1) and 2(1), and 92/44, Art. 2(1); Commission Directives 90/388 and 94/46, Art. 2)
2 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Bodies holding special or exclusive rights – Identification – Fact of having been the subject of a notification made pursuant to the second subparagraph of Article 2(1) of Directive 90/387 – Holding of an operating licence required by national law but granted on a non-discriminatory basis – Enjoyment of special prerogatives granted on a non-discriminatory basis permitting telecommunications networks to be set up – Irrelevant (Council Directives 90/387, Art. 2(1), second subpara., and 92/44)
3 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Bodies holding special or exclusive rights – Concept – Undertakings with exclusive responsibility for operating international lines – Undertaking responsible for the exclusive operation of a public telecommunications network covering part of the country – Included (Council Directives 90/387, Art. 2(1) and 92/44)
4 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Obligation to provide a minimum set of leased lines imposed by a Member State only on certain telecommunications organizations – Whether permissible – Conditions
(Council Directive 92/44, Art. 7)
5 Community law – Principles – Proportionality – Obligation referred to in Directive 92/44 to provide, irrespective of whether there is an actual demand, a certain number of lines complying with certain technical characteristics – Breach – None

Citations:

C-302/94, [1996] EUECJ C-302/94

Links:

Bailii

Jurisdiction:

European

European, Utilities

Updated: 04 November 2022; Ref: scu.161462

Aquind v ACER (Energy – Decision of ACER Refusing A Request for Exemption – Judgment): ECFI 18 Nov 2020

Energy – Article 17 of Regulation (EC) No 714/2009 – Decision of ACER refusing a request for exemption relating to new electrical interconnectors – Appeal before the Board of Appeal of ACER – Intensity of the review

Citations:

T-735/18, [2020] EUECJ T-735/18, ECLI:EU:T:2020:542

Links:

Bailii

Jurisdiction:

European

Utilities

Updated: 03 November 2022; Ref: scu.660642

Regina v Dovermoss Ltd: CACD 8 Feb 1995

Contamination below the maximum set limits can still be pollution. A dry watercourse is controlled water, as are streams and drains. Pollution is an ordinary English word defined in the Oxford English Dictionary as ‘to make physically impure, foul or filthy, to dirty, stain, taint or re-foul’. It is therefore not necessary to show that water is harmed to show that it is polluted.

Citations:

Gazette 15-Mar-1995, Times 08-Feb-1995, [1995] Env L R 258

Statutes:

Water Resources Act 1991 85(1)

Jurisdiction:

England and Wales

Cited by:

CitedExpress Ltd v The Environment Agency QBD 15-Jul-2004
The dairy appealed its conviction for allowing cream to enter a brook from the land of its customer.
Held: Polluting matter did not need to be itself noxious or poisonous, it was enough that it stained or tinted the water as did cream. Though . .
Lists of cited by and citing cases may be incomplete.

Environment, Utilities, Crime

Updated: 27 October 2022; Ref: scu.86575

Regina v CPC (UK) Ltd, CPC (UK) Ltd v National Rivers Authority: CACD 4 Aug 1994

The defendant operated a factory, using cleaning liquid carried through PVC piping. The piping leaked because it had been badly installed by the reputable subcontractors employed by the previous owners of the factory.
Held: Although the defendants were unaware of the existence of the defect and ‘could not be criticised for failing to discover it,’ the pollution had nevertheless been caused by their operation of the factory. So the fact that the negligent installation of the pipes had been unforeseeable was no defence. Liability for river pollution is strict. It existed even where the owner had no knowledge of a leak in a pipe put in before he acquired the land. Whether he had caused the pollution remained a question of fact for the jury.

Judges:

Lloyd LJ

Citations:

Independent 30-Aug-1994, Times 04-Aug-1994, [1994] Env LR 131

Statutes:

Water Resources Act 1991 85(1) 209

Jurisdiction:

England and Wales

Cited by:

CitedEmpress 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 . .
Lists of cited by and citing cases may be incomplete.

Environment, Utilities, Crime

Updated: 25 October 2022; Ref: scu.86463

Vodafone Ltd and Others v The Office of Communications: CA 19 Feb 2020

The court was asked as to which licence fees paid by mobile network were recoverable after the setting aside of the regulations.

Citations:

[2020] EWCA Civ 183

Links:

Bailii

Statutes:

The Wireless Telegraphy (Licence Charges for the 900 MHz frequency band and the 1800 MHz frequency band) (Amendment and Further Provisions) Regulations 2015

Jurisdiction:

England and Wales

Licensing, Utilities

Updated: 24 October 2022; Ref: scu.648248

Welford and others v EDF Energy Networks (LPN) Ltd: CA 3 Apr 2007

The landowner sought compensation under the 1989 Act after being required to grant a wayleave to the defendants. The court was asked whether a claim could properly include compensation for loss of profits or whether such damages would be too remote.
Held: Where the compensation already included a sum for the diminution in value of the land, it would be too remote to award also separate compensation for loss of profit from disturbance.

Judges:

Chadwick LJ, Scott Baker LJ, Thomas LJ

Citations:

Times 08-May-2007, [2007] EWCA Civ 293, [2007] Bus LR D63

Links:

Bailii

Statutes:

Electricity Act 1989

Jurisdiction:

England and Wales

Utilities, Damages

Updated: 17 October 2022; Ref: scu.250694

Commission v Portugal: ECJ 28 May 2020

(Opinion) Failure to fulfill obligations – Directive 2002/22 / EC – Electronic communications – Funding of universal service obligations – Distribution mechanism – Principles of transparency, minimum market distortion, non-discrimination and proportionality

Citations:

C-49/19, [2020] EUECJ C-49/19_O, ECLI:EU:C:2020:402, [2020] EUECJ C-49/19

Links:

Bailii, Bailii

Jurisdiction:

European

Utilities

Updated: 14 October 2022; Ref: scu.660187

Acea v Commission: ECJ 21 Dec 2011

Appeal – State aid – Aid scheme granted to utility companies – Tax exemptions – Decision declaring the aid scheme incompatible with the common market – Action for annulment – Admissibility – Locus standi – Interest in bringing proceedings – Article 87 EC – Concept of ‘help’ – Article 88 EC – Concept of ‘new aid’ -Regulation (EC) No 659/1999 – Articles 1 and 14 – Lawfulness of a recovery order – Obligation to state reasons’

Judges:

A. Rosas, acting as P

Citations:

C-319/09, [2011] EUECJ C-319/09 – P

Links:

Bailii

European, Utilities

Updated: 07 October 2022; Ref: scu.452809

Haltergemeinschaft v Hauptzollamt Dusseldorf: ECJ 21 Dec 2011

ECJ Directive 2003/96/EC – Taxation of energy products and electricity – Article 14, paragraph 1, b) – Exemption of energy products used as fuel for aircraft navigation – Fuel provided by the lessor of an aircraft used by charterers of it for their flights for purposes other than providing an air service for consideration

Judges:

Bonichot P

Citations:

C-250/10, [2011] EUECJ C-250/10

Links:

Bailii

Statutes:

Directive 2003/96/EC

European, Utilities, Transport

Updated: 07 October 2022; Ref: scu.452816

Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and Another: UTLC 8 Nov 2019

Electronic Communications Code – Jurisdiction – whether an operator occupying land under a tenancy to which Pt II, Landlord and Tenant Act 1954 applies may seek new rights under Part 4 of the Code – Parts 4, 5 of Sch.3A, Communications Act 2003 – transitional provisions – Sch.2, Digital Economy Act 2017

Citations:

[2019] UKUT 338 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Utilities, Landlord and Tenant

Updated: 29 September 2022; Ref: scu.646007

Commission v Electricite de France: ECJ 20 Oct 2011

ECJ Opinion – State Aid – Appeal – State aid – Selective tax exemption linked to an increase in share capital during the recapitalisation of an undertaking – Market economy investor principle – State acting as shareholder and State wielding public power

Judges:

Mazak AG

Citations:

C-124/10, [2011] EUECJ C-124/10 – P, [2011] EUECJ C-124/10 – P

Links:

Bailii, Bailii

Citing:

See AlsoCommission v Electricite de France ECJ 2-Sep-2010
ECJ (Order) – Intervention – EFTA Surveillance Authority – Article 40, second and third paragraphs of the Statute of the Court’ . .

Cited by:

See AlsoCommission v Electricite de France ECJ 5-Jun-2012
ECJ (Grand Chamber) Appeal – State aid – Waiver of a tax claim – Exemption from corporation tax – Increase in share capital – Conduct of a State acting as a prudent private investor in a market economy – Criteria . .
Lists of cited by and citing cases may be incomplete.

European, Utilities, Corporation Tax

Updated: 22 September 2022; Ref: scu.445988

National Grid Electricity Transmission Plc v Arnold White Estates Ltd: CA 3 Mar 2014

Judges:

Lord Dyson MR, Briggs LJ, Sir Stanley Burnton

Citations:

[2014] EWCA Civ 216, [2014] 1 Ch 385, [2014] WLR(D) 108, [2014] RVR 247, [2014] 1 CH 385, [2014] 3 All ER 626, [2014] 2 WLR 1055

Links:

Bailii, WLRD

Statutes:

Electricity Act 1989

Jurisdiction:

England and Wales

Utilities, Land

Updated: 19 September 2022; Ref: scu.521940

Renfree v Mageean: CA 30 Jun 2011

Appeal against a quashing of a decision of the planning Inspector appointed by the the Secretary of State, allowing the appellant’s appeal against the refusal of the third respondent to grant planning permission for the erection of a 1.3 megawatt wind turbine generator with a hub height of up to 50 metres and a blade tip height of up to 80 metres on land at Pensilva, Liskeard (‘the site’).

Judges:

Mummery, Rimer, Sullivan LJJ

Citations:

[2011] EWCA Civ 863, [2012] Env LR 3

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedChampion, Regina (on The Application of) v North Norfolk District Council and Another SC 22-Jul-2015
‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a . .
Lists of cited by and citing cases may be incomplete.

Planning, Utilities

Updated: 17 September 2022; Ref: scu.442737

Infinis Plc Infinis (Re-Gen) Ltd, Regina (on The Application of) v Gas and Electricity Markets Authority and Another: Admn 10 Aug 2011

Judges:

Lindlblom J

Citations:

[2011] EWHC 1873 (Admin)

Links:

Bailii

Statutes:

Renewables Obligation Order 2009 (SI 2009/785), Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1998

Jurisdiction:

England and Wales

Utilities

Updated: 17 September 2022; Ref: scu.442703

Moyce v National Grid Electricity Transmission Plc: LT 25 Apr 2008

COMPENSATION – electricity – preliminary issues – reference by consent – deed of grant for easement of overhead electricity line – provision for additional payment if planning permission granted for residential development – whether barn conversion for holiday lets residential development – held that it was – whether compensation to be assessed at date of deed or date of entitlement to additional payment – whether notice of claim given in accordance with Land Compensation Act 1961 s 4(1)

Citations:

[2008] EWLands CON – 140 – 2006

Links:

Bailii

Jurisdiction:

England and Wales

Land, Utilities

Updated: 15 September 2022; Ref: scu.278603

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 connection, relating solely to the mode of construction and condition of the connecting drain.
Lawrence Collins LJ said: ‘I am unable to conclude that the expression ‘mode of construction and condition of the drain or sewer’ in section 106(4), repeated in section 106(5) of the 1991 Act, has any bearing upon the location of the communication with the public sewer contemplated in section 106(1)(b) and section 106(4). Mode of construction has nothing to do with location’.

Judges:

Carnwath LJ

Citations:

[2008] EWCA Civ 1552, [2009] JPL 1095, [2009] Env LR 25, [2009] 11 EG 120, [2009] 1 EGLR 55

Links:

Bailii

Statutes:

Water Industry Act 1991

Jurisdiction:

Wales

Citing:

Appeal FromBarratt 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 . .
CitedBeech 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 by:

Appeal fromBarratt 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 . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 11 September 2022; Ref: scu.291895

United Utilities Water Plc v Environment Agency for England and Wales: CA 19 May 2006

Judges:

The Master of the Rolls Lord Justice Laws Lady Justice Smith

Citations:

[2006] EWCA Civ 633, [2006] Env LR 42, [2006] 21 EG 131

Links:

Bailii

Statutes:

Water Industry Act 1991

Jurisdiction:

England and Wales

Citing:

Appeal fromUnited Utilities Water Plc v The Environment Agency for England and Wales QBD 13-Jan-2006
. .

Cited by:

Appeal fromUnited Utilities Water Plc v Environment Agency for England and Wales HL 17-Oct-2007
The company appealed a finding that it could not process non-hazardous waste waste at one licensed site and move it to another for disposal.
Held: The treatment must form part of a process which results in a discarded rather than a recovered . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 11 September 2022; Ref: scu.241769

South Wales Electricity Plc v The Director General of Electricity Supply: ChD 22 Oct 1999

An electricity company which also operated also as a water supplier did not have the power to issue coin operated meters which were capable of metering and charging for both electricity and water supplies. The words allowing the company to install such meters were quite restrictive.

Judges:

The Honourable Mrs Justice Arden

Citations:

Times 28-Oct-1999, Gazette 17-Nov-1999, [1999] EWHC Ch 200

Links:

Bailii

Statutes:

Electricity Act 1989 25 26

Jurisdiction:

England and Wales

Citing:

CitedDirector of Public Prosecutions v Bhagwan HL 1972
Under s 3 of the 1962 Act and paras 1 and 10 of Sch 1, a Commonwealth citizen to whom the Act applied landing in the United Kingdom from a ‘ship’ (as widely defined) or an aircraft could within 24 hours of his landing be required by an immigration . .
Lists of cited by and citing cases may be incomplete.

Consumer, Utilities

Updated: 11 September 2022; Ref: scu.135814

Utilita Energy Ltd, Regina (on The Application of) v Secretary of State for Business, Energy and Industrial Strategy: Admn 7 Oct 2019

Claim for judicial review of three decisions taken by the defendant in connection with the government’s programme for ensuring the provision of smart electricity and gas meters to domestic homes and smaller non-domestic premises in Great Britain.

Citations:

[2019] EWHC 2612 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Utilities

Updated: 10 September 2022; Ref: scu.642723

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 gas sector)

Judges:

V Skouris P

Citations:

[2010] EUECJ C-265/08

Links:

Bailii

Statutes:

Directive 2003/55/EC

Jurisdiction:

European

Citing:

OpinionFederutility 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 . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 10 September 2022; Ref: scu.510898

Kirkheaton District Local Board v Ainley, Sons and Co: CA 4 Jul 1892

The defendants erected water-closets on their premises, the drains from which they connected with two small natural water-courses, which had become sewers, and were, therefore, vested in the plaintiffs, a local board. Through these sewers the sewage from the water-closets flowed by natural gravitation into a larger stream. The defendants were entitled as against the plaintiffs to connect the drains from their water-closets with these sewers under s. 21 of the Public Health Act, 1875; but the plaintiffs had not sanctioned their so doing. The plaintiffs under s. 10 of the Rivers Pollution Prevention Act, 1876, applied to a county court for and obtained an order to restrain the defendants from causing the sewage to flow into the stream. On appeal against this order, it appeared to the Court that, upon the facts of the case, the plaintiffs were themselves in default in not having made any provision for dealing with the sewage in these sewers, as required by the Public Health Act, 1875. Held, that the making of the order was discretionary, and although the defendants had offended against the Rivers Pollution Prevention Act, 1876, as a matter of discretion, under the circumstances of the case, an order ought not to be made against them at the instance of the plaintiffs, who were themselves offenders against that Act, and were seeking to avoid performance of their duty under the Public Health Act, 1875:
Held, also, that an appeal on the above-mentioned ground was correctly
brought by way of motion.

Judges:

Bowen, AL Smith LJJ

Citations:

[1892] 2 QB 274, [1892] UKLawRpKQB 155

Links:

Commonlii

Statutes:

Public Health Act 1875

Jurisdiction:

England and Wales

Citing:

Appeal fromAinley 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 . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 09 September 2022; Ref: scu.659344

Wright, Regina (on The Application of) v Forest of Dean District Council and Another: Admn 9 Jun 2016

The court was asked whether or not an element of the package of socio-economic benefits associated with a wind turbine development, in the form of a local community donation based on turnover generated by the wind turbine, amounts to a material consideration which it was lawful for the defendant to take into account when granting planning permission for the development to the interested party.
Held: The grant of permission was quashed. Dove J accepted that the community benefit fund donation did not serve a planning purpose, it was not related to land use, and it had no real connection to the proposed development.

Judges:

Dove J

Citations:

[2016] EWHC 1349 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 70(2), Planning and Compulsory Purchase Act 2004 38(6)

Jurisdiction:

England and Wales

Cited by:

Appeal fromWright, Regina (on The Application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd CA 14-Dec-2017
Permission for the change of use of land to allow erection of a wind turbine had been quashed on the basis that the LA had taken account of an irrelevant matter, namely the proposed financial contributions from the development to the local . .
At AdmnWright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another SC 20-Nov-2019
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development . .
Lists of cited by and citing cases may be incomplete.

Planning, Utilities

Updated: 08 September 2022; Ref: scu.565395

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 authority to ensure that what was discharged into their sewer was freed from all foul matter before it flowed out into any natural watercourse.

Judges:

Stirling J

Citations:

(1891) 60 LJ (Ch) 734

Statutes:

Public Health Act 1875 21

Jurisdiction:

England and Wales

Cited by:

CitedBarratt 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 . .
Appeal fromKirkheaton District Local Board v Ainley, Sons and Co CA 4-Jul-1892
The defendants erected water-closets on their premises, the drains from which they connected with two small natural water-courses, which had become sewers, and were, therefore, vested in the plaintiffs, a local board. Through these sewers the sewage . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 07 September 2022; Ref: scu.383815

The Number (UK) And Conduit Enterprises (Industrial Policy): ECJ 17 Feb 2011

ECJ Approximation of laws – Telecommunications – Networks and services – Directive 2002/22/EC – Designation of undertakings to provide universal service – Specific obligations imposed on the designated undertaking – Directory enquiry services and directories.

Citations:

C-16/10, [2011] EUECJ C-16/10

Links:

Bailii

Statutes:

Directive 2002/22/EC

Jurisdiction:

European

Utilities

Updated: 03 September 2022; Ref: scu.430216

Consolidated Contractors International Company Sal and Another v Masri: CA 21 Jan 2011

Judges:

Aikens LJ, Smith LJ, Sir Kenneth May P

Citations:

[2011] EWCA Civ 21

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoMasri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005
. .
See AlsoMasri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .
See AlsoMasri v Consolidated Contractors International UK Ltd and Another ComC 28-Jul-2006
. .
See AlsoMasri v Consolidated Contractors International UK Ltd and Another ComC 14-Mar-2007
Judgment on quantum. . .
See AlsoMasri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 20-Dec-2007
. .
See AlsoMasri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See AlsoMasri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See AlsoMasri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See AlsoMasri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See AlsoMasri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See AlsoMasri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
Appeal fromMasri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .

Cited by:

CitedConsolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See AlsoMasri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
Lists of cited by and citing cases may be incomplete.

Contract, Utilities

Updated: 01 September 2022; Ref: scu.428143

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd: CA 22 Oct 2019

‘The main issue on this appeal is whether the Upper Tribunal (the ‘UT’) has jurisdiction to require a freeholder who is not in occupation of land to confer rights under the Electronic Communications Code (‘the Code’) on an operator, at a time when there is another operator in occupation of the land exercising code rights. The UT held that it had no such jurisdiction.’

Citations:

[2019] EWCA Civ 1755

Links:

Bailii

Jurisdiction:

England and Wales

Land, Utilities

Updated: 31 August 2022; Ref: scu.642665

Winsor v Bloom and Others; In re Railtrack plc (in railway administration): CA 10 Jul 2002

The claimant, the Rail regulator appealed a decision that he had to apply to court for directions under the 1986 Act before allowing other rail operators access to the track after the company had gone into railway administration.
Held: Section 17 of the 1993 Act was sufficient to allow the regulator to make such an order without first approaching the court. In exercising the power the regulator had to have regard to the interests of others which would not be reflected in insolvency proceedings, and the importance of that role overrode if necessary the interests in the company.

Judges:

Lord Woolf, Lord Chief Justice, Lord Justice Waller and Lord Justice Robert Walker

Citations:

Times 15-Jul-2002, Gazette 12-Sep-2002, [2002] EWCA Civ 955, [2002] 1 WLR 3002, [2002] 4 All ER 435, [2002] 2 BCLC 755

Links:

Bailii

Statutes:

Railways Act 1993 17, Insolvency Act 1986 11(3)(d)

Jurisdiction:

England and Wales

Utilities, Administrative, Insolvency

Updated: 29 August 2022; Ref: scu.174325

Fluxys SA v Regulatory Commission for Electricity and Gas (CREG) (Energy): ECJ 28 Sep 2010

ECJ Energy policy – Internal market in natural gas – Directive 2003/55/EC – Regulation (EC) No 1775/2005 – Except for historical contracts – Principle of non-discriminatory ultimate vacuuming to transmission of natural gas’ – Law National establishing two separate schemes, one for forwarding business, the other for transit activities – comparable situations – Relevant criteria justifying differential treatment – Generalization based on the distinction between the routing and transit.

Citations:

C-241/09, [2010] EUECJ C-241/09, [2010] EUECJ C-241/09

Links:

Bailii, Bailii

Statutes:

Directive 2003/55/EC, Regulation (EC) No 1775/2005

Jurisdiction:

European

Utilities

Updated: 24 August 2022; Ref: scu.424767

Hertfordshire County Council v Veolia Water Central Ltd: CA 27 Jul 2010

The council sought under section 81 the cost of having had to place bollards over a manhole cover owned by the defendant. The cover was said to have been cracked leading to injury, and temporary arrangements had been made for its safety. The judge had found the works to be emergency works within section 52.
Held: The appeal succeeded. The section and regulation were to be given a purposive interptretation to avoid absurdity. Regulation 4 should not be read so as to refer only to regulation 3 inspections. It was not appropriate to require the authority to contact the owner of the cover before doing any works.

Judges:

Pill, Hughes, Stanley Burnton LJJ

Citations:

[2010] EWCA Civ 887, [2010] WLR (D) 200

Links:

Bailii, WLRD

Statutes:

New Roads and Street Works Act 1991 52 81, Street Works (Maintenance) Regulations 1992

Jurisdiction:

England and Wales

Citing:

CitedKeating v Elvan Reinforced Concrete Co Ltd 1968
. .
Lists of cited by and citing cases may be incomplete.

Utilities, Local Government

Updated: 21 August 2022; Ref: scu.421074

Vodafone Ltd and Others v The Office of Communications (Ofcom): ComC 17 May 2019

Mobile network providers had paid annual licence fees, based upon calculations in legislation since quashed. The parties disputed the restitution of sums overpaid.

Judges:

Adrian Beltrami QC sitting as a High Court judge

Citations:

[2019] EWHC 1234 (Comm), [2019] WLR(D) 298

Links:

Bailii, WLRD

Statutes:

Wireless Telegraphy (Licence Charges) Regulations 2011

Jurisdiction:

England and Wales

Utilities, Equity

Updated: 18 August 2022; Ref: scu.642044

Base Company: ECJ 6 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/20/EC – Article 13 – Fee for rights to install facilities – Scope – Municipal regulations making owners of mobile telephone transmission pylons and masts subject to payment of a tax

Citations:

C-346/13, [2015] EUECJ C-346/13, ECLI:EU:C:2015:649

Links:

Bailii

Statutes:

Directive 2002/20/EC 13

Jurisdiction:

European

Utilities

Updated: 18 August 2022; Ref: scu.553086

Hertfordshire County Council v Veolia Water Central Ltd: QBD 19 Feb 2010

Citations:

[2010] EWHC 278 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromVeolia Es Nottinghamshire Ltd v Nottinghamshire County Council and Others CA 29-Oct-2010
An elector sought disclosure under the 1988 Act concerning a contract with certain contractors. The authority refused saying that they were commercially sensitive, and the company said that doisclosure would affect its own human rights.
Held: . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 14 August 2022; Ref: scu.402520

Welsh Water Ltd, Regina (on The Application of) v Water Services Regulation Authority: Admn 10 Dec 2009

Appeal against appointment of another company to be water and sewerage undertaker for a development site under measures being used to generate competition between water suppliers.

Judges:

Mitting J

Citations:

[2010] UKCLR 469, [2009] EWHC 3493 (Admin)

Links:

Bailii

Statutes:

Water Industry Act 1991

Utilities

Updated: 13 August 2022; Ref: scu.396519

Wallis v Bristol Water Plc: Admn 10 Dec 2009

The farmer appealed against a conviction uder the 1999 Regulations saying that the fitting to his water supply pipework in a dairy udder wash were not likely to allow backwash so as to risk contamination of the respondent’s water supply. He said that the magistrates had run together the potential seriousness of any contamination with its likelihood.
Held: The appeal failed: ”likely’ in these regulations is being used in the sense of a real possibility, a possibility that cannot sensibly be ignored having regard to the nature and gravity of the feared harm to public health in the particular case. This interpretation does not offend against any principle of the criminal law. Parkin v Norman does not require that in all penal measures the court must take care to see that ‘likely’ is not treated as if it meant ‘liable’. As the court said in that case, the court’s task is to construe the words of the section in light of the Act as a whole. ‘

Judges:

Dyson LJ, Tugendhat J

Citations:

[2009] EWHC 3432 (Admin), [2010] PTSR 1986, [2010] Env LR 16

Links:

Bailii

Statutes:

Water Supply (Water Fittings) Regulations 1999

Citing:

CitedParkin v Norman QBD 1983
The court had to construe the meaning of ‘likely’ in the section reading: ‘Any person who in any public place . . uses threatening, abusive or insulting words or behaviour . . with intent to provoke a breach of the peace or whereby a breach of the . .
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.

Utilities, Crime, Agriculture

Updated: 11 August 2022; Ref: scu.392657