Europa Failure of a Member State to fulfil obligations Directive 2003/54/EC Article 15(2) Article 23(2) – Internal market in electricity Prior approval of the methodologies used to calculate or establish the terms and conditions for connection and access to national networks, including transmission and distribution tariffs National regulatory authority.
C-274/08, [2009] EUECJ C-274/08
European
Updated: 03 February 2022; Ref: scu.380290
[1837] EngR 452, (1837) 6 Ad and E 355, (1837) 112 ER 135
England and Wales
Updated: 01 February 2022; Ref: scu.313569
Electronic Communications Code – consideration – compensation – roof top site on residential building in inner London – whether paragraph 17 conditions to be applied to upgrading and sharing rights – relationship between consideration and compensation – use of market transactions as comparables
[2020] UKUT 282 (LC)
England and Wales
Updated: 01 February 2022; Ref: scu.655166
The Hon Mrs Justice Thornton DBE
[2022] EWHC 37 (Admin)
England and Wales
Updated: 01 February 2022; Ref: scu.671011
Electronic Communications Code : Code Rights – preliminary issue about the validity of paragraph 31 notices – service – effectiveness of break notice in a lease – assignment of Code agreement in breach of covenant – whether the Code agreement was a lease or a licence – effect of agreement to be bound by Code rights
[2020] UKUT 272 (LC)
England and Wales
Updated: 30 January 2022; Ref: scu.655162
ECJ (Judgment) Appeal – Aid granted by the Italian Republic in favor of Portovesme Srl – Preferential tariff arrangements for electricity – Decision declaring the aid measure incompatible with the internal market
ECLI:EU:C:2017:75, [2017] EUECJ C-606/14
European
Updated: 29 January 2022; Ref: scu.573830
The Claimants sought damages against the Defendants on the basis that the flood damage they suffered at the Property was caused by negligence and / or nuisance on the part of the Defendants.
McKenna HHJ
[2017] EWHC 62 (TCC)
England and Wales
Updated: 28 January 2022; Ref: scu.573406
1350 claimants living in the vicinity of the Mogden Sewage Treatment Works in Middlesex sought damages for nuisance caused by odour and mosquitoes from the defendant’s facilty.
Ramsey J
[2011] EWHC 3253 (TCC)
England and Wales
Updated: 28 January 2022; Ref: scu.451488
Application brought by the claimant, the Gas and Electricity Markets Authority acting through the officials of OFGEM for a declaration that the defendant company GB Energy Supply Ltd is unable to pay its debts and therefore conditions in the relevant Electricity Supply Licence and Gas Supply Licence, whereby GEMA authorises the defendant to operate as a gas and electricity supplier in the UK, are satisfied. If those conditions are satisfied then under the terms of the relevant licences GEMA can revoke the supply licences and appoint another energy supplier as a Supplier of Last Resort.
Birss J
[2016] EWHC 3341 (Ch)
Bailii
England and Wales
Utilities, Insolvency
Updated: 27 January 2022; Ref: scu.572752
Humphreys J
[2021] NIQB 96
Bailii
Northern Ireland
Utilities
Updated: 27 January 2022; Ref: scu.670931
ECJ Judgment – Reference for a preliminary ruling – Directive 97/67/EC – Article 9 – Postal services in the European Union – Obligation to make a financial contribution to the operational costs of the postal sector’s regulatory authority – Scope
ECLI:EU:C:2016:880, [2016] EUECJ C-2/15
Bailii
Directive 97/67/EC 9
European
Utilities
Updated: 26 January 2022; Ref: scu.571773
[2016] EWHC 2782 (Admin)
Bailii
England and Wales
Utilities
Updated: 25 January 2022; Ref: scu.571034
Compensation calculated to be due after cancellation of long term gas supply contracts
Moore-Bick VP CA, Christopher Clarke, King LJJ
[2016] EWCA Civ 1043
Bailii
England and Wales
Utilities, Contract, Damages
Updated: 24 January 2022; Ref: scu.570649
ECJ Judgment – Appeal – State aid – Production of aluminium – Preferential electricity tariff granted by a contract – Decision declaring the aid compatible with the internal market – Termination of the contract – Judicial suspension of the effects of termination of the contract – Decision declaring the aid unlawful – Article 108(3) TFEU – Concepts of ‘existing aid’ and ‘new aid’ – Distinction
ECLI:EU:C:2016:797, [2016] EUECJ C-590/14
Bailii
European
Utilities
Updated: 24 January 2022; Ref: scu.570581
ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC – Article 3 – Impartiality and independence of national regulatory authorities – Institutional reform – Merger of national regulatory authority with other regulatory authorities – Dismissal of the President and a board member of the merged national regulatory authority before the expiry of their terms of office – Ground for dismissal not provided for under national law
ECLI:EU:C:2016:780, [2016] EUECJ C-424/15
Bailii
Directive 2002/21/EC
European
Utilities
Updated: 24 January 2022; Ref: scu.570375
Claim for judicial review of a decision on the part of the defendant to authorise the interested party to enter onto land for the purpose of site investigation prior to the construction of a new nuclear power station known as Sizewell C.
Patterson DBE J
[2016] EWHC 2618 (Admin)
Bailii
England and Wales
Land, Utilities
Updated: 24 January 2022; Ref: scu.570260
ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC – Article 4(1) – Right of appeal against a decision taken by a national regulatory authority – Effective appeal mechanism – Decision of a national regulatory authority to continue to apply pending the outcome of the appeal – Temporal effects of a decision of a national court annulling a decision of a national regulatory authority – Possibility of annulling a decision of the national regulatory authority with retroactive effect – Principles of legal certainty and protection of legitimate expectations
ECLI:EU:C:2016:769, [2016] EUECJ C-231/15
Bailii
Directive 2002/21/EC 4(1)
European
Utilities
Updated: 24 January 2022; Ref: scu.570143
Humphreys J
[2021] NIQB 92
Bailii
Northern Ireland (Regional Rates and Energy) Act 2019
Northern Ireland
Utilities
Updated: 24 January 2022; Ref: scu.670933
ECJ (Judgment) Reference for a preliminary ruling – Regional legislation requiring the distribution, through the systems located in the region concerned, of electricity produced from renewable energy sources to be free of charge – Different treatment depending on the origin of the green electricity – Articles 28 EC and 30 EC – Free movement of goods – Directive 2001/77/EC – Articles 3 and 4 – National support mechanisms for the production of green energy – Directive 2003/54/EC – Articles 3 and 20 – Directive 96/92/EC – Articles 3 and 16 – Internal market in electricity – Access to distribution systems on non-discriminatory tariff conditions – Public service obligations – Lack of proportionality
C-492/14, [2016] EUECJ C-492/14
Bailii
European
European, Utilities
Updated: 23 January 2022; Ref: scu.569632
Opinion
Lord Stewart
[2016] ScotCS CSOH – 103
Bailii
Marine Works (Environmental Impact Assessment) Regulations 2007
Citing:
See Also – The Royal Society for The Protection of Birds, Re Judicial Review CSOH – 104 SCS 19-Jul-2016
Outer House – Opinion – challenge to permission for wind farm . .
See Also – Royal Society for The Protection of Birds, Re Judicial Review CSOH – 105 SCS 19-Jul-2016
. .
See Also – Royal Society for The Protection of Birds, Re Judicial Review CSOH – 106 SCS 19-Jul-2016
. .
Lists of cited by and citing cases may be incomplete.
Scotland, Planning, Utilities, Animals
Updated: 22 January 2022; Ref: scu.568774
[2021] NIQB 89
Bailii
Renewable Heat Incentive Scheme (Amendment) (Northern Ireland) Regulations 2017
Northern Ireland
Utilities
Updated: 22 January 2022; Ref: scu.670932
Europa Common rules for the internal market in electricity Free access by third parties to electricity transmission and distribution systems Concept of ‘distribution system’.
C-439/06, [2007] EUECJ C-439/06 – O, [2008] EUECJ C-439/06
Bailii, Bailii
European
Utilities
Updated: 21 January 2022; Ref: scu.262907
The Claimant seeks to recover Failure to Supply Gas (FSG) payments made to some 1683 of the Claimant’s customers, in respect of an incident of water ingress in the Crofton Road area of Orpington from the Defendant’s water main.
Martin Bowdery QC DHCJ
[2016] EWHC 1669 (TCC)
Bailii
New Roads and Street Works Act 1991
Utilities
Updated: 20 January 2022; Ref: scu.567839
Application, lodged as an appeal, seeking to quash a financial penalty of andpound;1 million imposed by the Respondent upon the appellants for breaches of the licence granted by Postcomm to the appellants. Postcomm is the body constituted under the 2000 Act, which is responsible for granting licences to enable persons to ‘convey a letter from one place to another’, to impose appropriate conditions on any such licence and generally to ‘exercise its functions in the manner which it considers is best calculated to further the interests of users of postal services, wherever appropriate by promoting effective competition between postal operators.’
Collins J
[2007] EWHC 1205 (Admin)
Bailii
Postal Services Act 2000
Utilities
Updated: 20 January 2022; Ref: scu.567212
ECJ (Judgment) Public service contracts – Tender procedure – Provision of ‘Trans-European Services for Telematics between Administrations – new generation (TESTAing)’ – Rejection of a tenderer’s bid – Award of the contract – Transparency – Equal treatment – Non-discrimination – Obligation to state reasons
T-349/13, [2016] EUECJ T-349/13
Bailii
European, Utilities
Updated: 18 January 2022; Ref: scu.566479
Part 8 claim arising from a long standing dispute between the Claimant, the Canal and River Trust, and the Defendant, Thames Water Utilities Ltd, in relation to the abstraction of water from the River Lee.
Asplin DBE J
[2016] EWHC 1547 (Ch)
Bailii
England and Wales
Utilities
Updated: 18 January 2022; Ref: scu.566239
ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Directive 2003/96 / EC – Taxation of energy products and electricity – Article 2, paragraph 4 b) – dual use of energy products – Concept – Product energy used for thermal waste treatment and flue gas
C. Lycourgos, P
ECLI:EU:C:2015:836, [2015] EUECJ C-529/14 – CO
Bailii
Directive 2003/96/EC
European, Utilities
Updated: 17 January 2022; Ref: scu.565751
(Judgment) Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72 / EC – Transmission of electricity – Concept of’ transmission system operator ‘- Regulation (EC) No 714/2009 – Interconnection – Transmission line connecting national transmission networks of the Member States – Article 16 (6) – Scope – Use of the revenue resulting from the allocation of interconnection capacity – Undertaking operating only a cross-border high voltage line ensuring the interconnection of two transmission networks national transport
C-454/18, [2020] EUECJ C-454/18, ECLI: EU: C: 2020: 189, [2019] EUECJ C-454/18_O
Bailii, Bailii
European
Utilities
Updated: 17 January 2022; Ref: scu.654847
(Approximation of Laws – Order) Reference for a preliminary ruling – Article 53 (2) and Article 94 of the Rules of Procedure of the Court – Approximation of laws – Electronic communications networks and services – Restrictions on the installation of mobile telephony relay antennas imposed by local authorities – Lack of sufficient details concerning the reasons justifying the need for an answer to the question referred for the purpose of resolving the dispute in the main proceedings – Manifest inadmissibility
C-368/19, [2020] EUECJ C-368/19_CO
Bailii
European
Utilities
Updated: 17 January 2022; Ref: scu.654738
By the Telegraph (Arbitration) Act 1909, sec. 1, questions arising under any agreement with the Postmaster-General relative to telegraphs or telephones may be referred for settlement to the Railway and Canal Commissioners.
Held that such a reference is to the Commissioners not as arbiters but as a court of record. Consequently there is a right of appeal from the Commission to the Court of Appeal upon questions of law.
Judgment of the Court of Appeal ([1913], 2 K.B. 614) affirmed.
Held, further, that the general right of appeal to the House of Lords given by the Appellate Jurisdiction Act 1876, sec. 3, is not taken away by the provisions of the Railway and Canal Traffic Act 1888, sec. 17, sub-sec. 5, that appeal shall only lie to the Court of Appeal.
Lord Chancellor (Haldane), Earl Loreburn, and Lords Atkinson, Shaw, Moulton, and Parker
[1913] UKHL 532, 51 SLR 532
Bailii
England and Wales
Arbitration, Utilities
Updated: 17 January 2022; Ref: scu.632751
ECJ (Judgment) State aid – Renewable energy – Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) – Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users – Decision declaring the aid partially incompatible with the internal market – Concept of State aid – Advantage – State resources
ECLI:EU:T:2016:281, [2016] EUECJ T-47/15
Bailii
European
Utilities, Environment
Updated: 15 January 2022; Ref: scu.563396
(Opinion) Preliminary ruling – Telecommunications – Regulation (EU) 2015/2120 – Article 3 – Rights of end users – Access to an open Internet – Neutrality – Agreements or commercial practices limiting the exercise of these rights – Zero tariff – Privileged treatment granted to certain applications – Blocking or slowing down traffic
C-807/18, [2020] EUECJ C-807/18_O, ECLI: EU: C: 2020: 154, [2020] EUECJ C-807/18, [2020] EUECJ C-807/18_0
Bailii, Bailii, Bailii
European
Utilities
Updated: 14 January 2022; Ref: scu.654938
Carr DBE J
[2016] EWHC 531 (TCC)
Bailii
Utilities, Contract
Updated: 13 January 2022; Ref: scu.562080
A dispute arose during the development of Bedford Park, Chiswick. Mr Carr had sold some of his land to the defendant, who became the owner of four houses built on the land and the soil of the street which ran between them. Mr Carr still owned two houses in the same street, which was not yet adopted as a highway. Problems arose over the drainage of the street, and Mr Carr agreed with the plaintiff board that he would build a sewer along the street to one of its pumping stations. The defendant allowed Mr Carr to build part of this new sewer through his land, provided that he then connected the defendant’s houses with the sewer. Mr Carr subsequently defaulted on this agreement, and the defendant retaliated by blocking the sewer where it passed through his land. The plaintiff board, as the local authority in whom all the sewers within the district were vested, then sued the defendant for blocking the sewer. Mr Carr supported the plaintiffs in these proceedings, in which the defendant contended that the sewer was not vested in the local authority because it had been constructed by Mr Carr for the improvement and advantage of his property, and therefore for his own profit, thus falling within one of the exceptions in section 13 of the Act. He also contended that the drain was not a sewer within the meaning of section 4 of the Act.
Held: The court dismissed the first part of the defence because almost every sewer in every street of every suburb of every town in England might be considered a sewer made for the profit of the person who constructed it. He was satisfied that he should examine the purpose for which this sewer was built, and he found that it was made for the purpose of draining all the houses in the street, and this did not fall within the first exception in section 13(1). On the second part of the defence, the Court found that the sewer had been connected to three of the houses in the street before the defendant blocked it. Since the word ‘drain’ meant any drain of and used for the drainage of one building only, and the word ‘sewer’ had the meaning we have set out in paragraph 7 above, he was satisfied that this drain was a sewer. He said: ‘I therefore cannot have any doubt as to the meaning of the Act. It was to give the largest possible interpretation to the word `sewer’ and most clearly to include a drain like this, actually laid down and intended to be connected with all the houses in an intended street which required to be connected with it. That must be within the meaning of the word `sewer’, at any rate, after more than one house had been connected with it.’
Kay J
(1884) 27 ChD 283
Public Health Act 1875
England and Wales
Cited by:
Cited – City of Bradford Metropolitan District Council v Yorkshire Water Services Ltd Admn 19-Sep-2001
The Council issued a nuisance notice in respect of sewage being deposited on a property within its area. The statutory nuisance was accepted. The issue was as to whether the sewage system was a public sewer. The judge had found that the original . .
Lists of cited by and citing cases may be incomplete.
Utilities
Updated: 13 January 2022; Ref: scu.179851
Application for interim relief – Energy – Trans-European energy infrastructure – Regulation (EU) No 347/2013 – Commission Delegated Regulation amending Regulation No 347/2013 – Application for suspension of operation – No urgency
T-885/19, [2020] EUECJ T-885/19_CO, ECLI:EU:T:2020:155
Bailii
European
Utilities
Updated: 13 January 2022; Ref: scu.654960
(Order) Radiation
T-375/14, [2016] EUECJ T-375/14 – CO, ECLI:EU:T:2016:185
Bailii
European
Utilities
Updated: 13 January 2022; Ref: scu.561940
The Hon Mr Justice Holgate
[2020] EWHC 2579 (Admin)
Bailii
England and Wales
Utilities, Planning
Updated: 12 January 2022; Ref: scu.654991
State aid – Aid scheme implemented by Germany for certain large electricity consumers – Exemption from network charges for the period 2012-2013 – Decision declaring the aid scheme incompatible with the market internal and illegal and ordering the recovery of the aid paid – Action for annulment – Time-limit for bringing an action – Admissibility – Concept of aid – State resources
T-233/19, [2021] EUECJ T-233/19
Bailii
European
Utilities
Updated: 12 January 2022; Ref: scu.668556
This judicial review appeal concerns the legality of decisions by the respondent, the Secretary of State for Energy and Climate Change (‘the SoS’), to bring to a premature close, subject to certain periods of grace, a statutory scheme supporting the generation of electricity from renewable sources.
Tomlinson, Treacy, Floyd LJJ
[2016] EWCA Civ 117
Bailii
England and Wales
Citing:
Appeal from – Solar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change Admn 7-Nov-2014
The court considered the admissibility of pre-legislative material as evidence to support the interpretation of a statute. . .
Cited by:
Mentioned – National Aids Trust v National Health Service Commissioning Board (NHS England) Admn 2-Aug-2016
NHS to make drug available
The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. . .
Lists of cited by and citing cases may be incomplete.
Utilities
Updated: 10 January 2022; Ref: scu.560446
The claimant sought to challenge the removal of the exemption for renewable source electricity from the Climate Change Levy.
Held: Review was refused. The court rejected the Respondents’ submission that EU law has no application to the RSE Exemption at all and that therefore the claim must fail because at the national level legitimate expectations cannot be raised against a sovereign Parliament. The amendments to para. 19 of Schedule 6 to the FA 2000 are within the scope of EU law. The EU law principle of legal certainty, and its corollary the protection of legitimate expectations, require that the application of rules of law must be foreseeable by those subject to them, and that a breach of the EU law principle of foreseeability would also be a breach of domestic law on account of the European Communities Act 1972.
The Judge rejected the Claimants’ case that the legal test as to whether there had been a breach of the EU law principles of legal certainty and protection of legitimate expectations in the present case is reducible to the question whether a prudent and circumspect economic operator could have foreseen the possibility of a without notice withdrawal of the RSE Exemption in all the circumstances.
It was not possible to reconcile the various strands of ECJ jurisprudence and the Claimants could not succeed unless they established to his satisfaction that the Respondents promoted a legitimate expectation of there being no withdrawal of the RSE Exemption without a two year time limit (for which the Judge understood the Claimants to be contending), or equivalent fiscal benefit in lieu.
What was required was an express assurance by the Government that any withdrawal of the RSE Exemption would be coupled with the specific two year lead time, or that that might irresistibly be inferred from what Government had said and done such that the giving of such an assurance might be implied; in other words, the giving of something tantamount to an express assurance.
A prudent and circumspect operator should not have inferred that the RSE Exemption would not be removed without a two-year lead time. The Respondents had not created any legitimate expectation on the part of the Claimants to the effect that the RSE Exemption would not be withdrawn without providing a lead time of two-years, or equivalent value.
Jay J
[2016] EWHC 228 (Admin)
Bailii
European Communities Act 1972
England and Wales
Cited by:
Appeal from – Infinis Energy Holdings Ltd v HM Treasury and Another CA 21-Oct-2016
No breach of EU Legitimate Expectation
The appellant challenged rejection of its request for judicial review of a decision to remove financial support for its creation pf renewable energy.
Held: The appal failed. Althought eth claimant would indeed be severely affected, it had . .
Lists of cited by and citing cases may be incomplete.
Utilities, Constitutional, Customs and Excise
Updated: 10 January 2022; Ref: scu.559744
ECJ (Judgment) Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste water treatment – Article 4 – Secondary treatment or equivalent – Annex I, Sections B and D
C-398/14, [2016] EUECJ C-398/14, ECLI:EU:C:2016:61
Bailii
European, Utilities
Updated: 10 January 2022; Ref: scu.559462
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 respect of the supply of electricity and gas
[2016] EUECJ C-163/14
Bailii
Citing:
Opinion – 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 . .
Lists of cited by and citing cases may be incomplete.
European, Utilities
Updated: 09 January 2022; Ref: scu.559142
Appeal as to planning permission granted by an Inspector for the erection of a single freestanding wind turbine with associated hard standing, access road and electricity sub-station
Richards, Floyd, Sales LJJ
[2015] EWCA Civ 1243
Bailii
England and Wales
Planning, Utilities
Updated: 07 January 2022; Ref: scu.556457
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 street. The other alleged a failure to comply with the prescribed requirements as to the standards of workmanship to be observed in reinstating the street.
[1999] Crim LR 217, [1998] EG 147, [1998] EWHC Admin 989
Bailii
New Roads and Street Works Act 1991 71(1) 71(5)
England and Wales
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.
Crime, Utilities
Updated: 07 January 2022; Ref: scu.139110
ECJ Judgment – Reference for a preliminary ruling – Directive 2002/22/EC (Universal Service Directive) – Costing of universal service obligations – Taking account of the rate of return on equity capital – Direct effect – Scope ratione temporis
C-508/14, [2015] EUECJ C-508/14, ECLI:EU:C:2015:657
Bailii
Directive 2002/22/EC
European
Utilities
Updated: 04 January 2022; Ref: scu.553105
ECJ Judgment – Reference for a preliminary ruling – Directive 2003/96/EC – Articles 4 and 21 – Directive 2008/118/EC – Directive 92/12/EEC – Article 3(1) – Scope – Rules of a Member State – Levying of a tax on the thermal power of nuclear reactors
ECLI:EU:C:2015:636, C-606/13, [2015] EUECJ C-606/13
Bailii
Directive 2008/118/EC, Directive 92/12/EEC, Directive 2003/96/EC
European, Taxes – Other, Utilities
Updated: 04 January 2022; Ref: scu.552877
Sheiff Princiala Mhairi Stephen QC
[2015] ScotSC 60
Bailii
Late Payment of Commercial Debts (Interest) Act 1998
Scotland, Contract, Utilities
Updated: 04 January 2022; Ref: scu.552436
Judgment – Failure to fulfill obligations – Internal market in natural gas – Directive 2009/73/EC – State intervention consisting of the obligation to apply the provision of prices approved by a national authority – ended Measuring time – Absence mandatory periodic review of necessity of this measure and the implementing rules thereof – Application to an unlimited set of beneficiaries, without distinction between clients or between specific situations – Proportionality
Rodin P
C-36/14, [2015] EUECJ C-36/14, ECLI: EU: C: 2015 570
Bailii
Directive 2009/73/EC
European
Utilities
Updated: 03 January 2022; Ref: scu.552171
ECJ Judgment – Industrial policy – Telecommunications sector Electronic communications Directive 2002/19/EC Article 4(1) Networks and services Interconnexion agreements between telecommunications undertakings Obligation to negotiate in good faith Definition of ‘operator of public communications networks’ Articles 5 and 8 Powers of the national regulatory authorities Undertaking without significant market power
A national regulatory authority may intervene to prevent the imposition by a CP of interconnection terms likely to hinder the emergence of a competitive market even if that CP does not have significant market power.
J’C Bonichot, P
[2009] EUECJ C-192/08, C-192/08, [2009] ECR I-10717
Bailii
Directive 2002/19/EC
Citing:
Opinion – 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 . .
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.
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.
European, Utilities, Media
Updated: 03 January 2022; Ref: scu.551329
The landowner wanted to terminate a wayleave agreement.
Sedley J
[1997] EWHC Admin 782
England and Wales
Citing:
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Lists of cited by and citing cases may be incomplete.
Land, Utilities
Updated: 03 January 2022; Ref: scu.137727
Claim for judicial review of a decision of the Gas and Electricity Markets Authority (‘the Authority’) dated 25 July 2014 approving a modification to the methodology for calculating the charges imposed to recover the cost of investment in infrastructure forming the transmission system for conveying electricity.
Lewis J
[2015] EWHC 2164 (Admin)
Bailii
England and Wales
Utilities
Updated: 02 January 2022; Ref: scu.550599
Sullivan, Tomlinson, Beatson LJJ
[2015] EWCA Civ 657
Bailii
England and Wales
Planning, Utilities
Updated: 02 January 2022; Ref: scu.550182
[2015] CAT 6
Bailii
England and Wales
Commercial, Utilities
Updated: 02 January 2022; Ref: scu.549887
Forbes J
[2002] EWHC 1983 (Admin)
Bailii
Water Resources Act 1991
England and Wales
Environment, Utilities
Updated: 01 January 2022; Ref: scu.189080
The companies had challenged canges by the Department to the schemes providing support for solar energy installations by way of the Feed-in-Tariff. They claimed substantial sums after the tariffs were reduced.
Lord Dyson MR, Richards, Ryder LJJ
[2015] EWCA Civ 408
Bailii
Energy Act 2008, Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010
England and Wales
Utilities
Updated: 29 December 2021; Ref: scu.545941
ECJ Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC – Articles 7 and 20 – Resolution of disputes between undertakings providing electronic communications networks or services – Obligation to implement the procedure laid down in Article 7(3) – Measure which may have an effect on trade between Member States – Directive 2002/19/EC – Article 5 – Powers and responsibilities of the national regulatory authorities with regard to access and interconnection – Directive 2002/22/EC – Article 28 – Non-geographic numbers
Ilesic P
C-3/14, [2015] EUECJ C-3/14, ECLI:EU:C:2015:232
Bailii
Directive 2002/21/EC 7 20, Directive 2002/19/EC 5, Directive 2002/22/EC 28
European, Utilities
Updated: 29 December 2021; Ref: scu.545451
ECJ Judgment – Action for annulment – Directive 2013/51/Euratom – Choice of legal basis – EAEC Treaty – Articles 31 EA and 32 EA – FEU Treaty – Article 192(1) TFEU – Protecting human health – Radioactive substances in water intended for human consumption – Legal certainty – Sincere cooperation among the institutions
R. Silva de Lapuerta, P
C-48/14, [2015] EUECJ C-48/14, ECLI:EU:C:2015:91
Bailii
Directive 2013/51/Euratom
European, Utilities
Updated: 28 December 2021; Ref: scu.543262
ECJ Judgment – State aid – Electricity – aid for energy-intensive businesses – Austrian Green Electricity Act – Decision declaring the aid incompatible with the common market – Concept of State aid – State resources – Imputability to the State – Selective nature – General Block Exemption Regulation – Abuse of power – Equal treatment
T-251/11, [2014] EUECJ T-251/11, ECLI:EU:T:2014:1060
Bailii
European, Utilities
Updated: 24 December 2021; Ref: scu.539886
McGowan j
[2014] EWHC 4058 (QB)
Bailii
England and Wales
Utilities, Contract
Updated: 24 December 2021; Ref: scu.539791
The defendant had constructed a sewage drain to take discharge from his house. It ran for 250 feet to a catch-pit, and then continued for 70 feet under a highway and was then joined by a drain from another house. For this 70-foot stretch it was also used for carrying the surface water from the highway. This part of the drain (and the catch-pit) had been constructed by the tenant of the neighbouring property to prevent surface water from the highway flowing into his premises. The local authority had never adopted the highway. The plaintiffs complained of a statutory nuisance when the drain broke about six feet beyond the catch-pit, so that sewage collected in the catch-pit. The defendant contended that at this point the drain was a sewer which the plaintiffs were liable to repair themselves.
Held: Even if this was the case he had no defence to the charge, and he could at any time have ended the nuisance by ceasing to discharge his sewage into the pipe leading to the catch-pit. The question whether the stretch of drain beyond the catch-pit was or was not a sewer did not fall directly for decision, but was fully argued, and a decision was made on the point. The plaintiffs adduced two reasons for arguing that the drain was not a sewer, of which only one is relevant in the present context. This was to the effect that a drain which carried the sewage from one house and the rainwater from a highway did not come within the statutory definition of a sewer. The defendant on the other hand argued, like Mr Straker nearly 100 years later, that the pipe was a sewer because it drained the surface of the highway in addition to his building. Kennedy J: ‘I do not think it was a sewer. The pipe in question was not made by the appellants, nor was it adopted by them as a sewer. It was made by private persons for private purposes, to prevent surface water collecting on the highway from running thence onto their premises. And under those circumstances the mere fact that the respondent has for some years discharged the sewage from his house into the pipe cannot convert it into a sewer.’ Ridley J agreed that the pipe was not a sewer.
Kennedy J, Ridley J
[1905] 2 KB 34
England and Wales
Cited by:
Cited – City of Bradford Metropolitan District Council v Yorkshire Water Services Ltd Admn 19-Sep-2001
The Council issued a nuisance notice in respect of sewage being deposited on a property within its area. The statutory nuisance was accepted. The issue was as to whether the sewage system was a public sewer. The judge had found that the original . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Utilities
Updated: 23 December 2021; Ref: scu.181795
The court considered the admissibility of pre-legislative material as evidence to support the interpretation of a statute.
[2014] EWHC 3677 (Admin)
Bailii
Cited by:
Appeal from – Solar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change CA 1-Mar-2016
This judicial review appeal concerns the legality of decisions by the respondent, the Secretary of State for Energy and Climate Change (‘the SoS’), to bring to a premature close, subject to certain periods of grace, a statutory scheme supporting the . .
Cited – National Aids Trust v National Health Service Commissioning Board (NHS England) Admn 2-Aug-2016
NHS to make drug available
The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. . .
Lists of cited by and citing cases may be incomplete.
Utilities
Updated: 23 December 2021; Ref: scu.538335
ECFI Judgment – State aid – Electricity – Preferential tariff – Decision declaring the aid incompatible with the common market – Concept of State aid – New aid – Equal treatment – Reasonable time
Mr. D. Gratsias, P
T-291/11, [2014] EUECJ T-291/11
Bailii
European, Utilities
Updated: 22 December 2021; Ref: scu.537703
ECFI Judgment – State aid – Electricity – Preferential rates – Decision to initiate the procedure provided for in Article 108, paragraph 2, TFEU – Action for annulment – Non-actionable measure – Measure completely performed using the date of commencement of proceedings – Inadmissible
T-129/13, [2014] EUECJ T-129/13, ECLI: EU T: 2014 895
Bailii
TFEU 108
European, Utilities
Updated: 22 December 2021; Ref: scu.537688
ECFI Judgment – State aid – Electricity – Preferential tariff – Decision declaring the aid incompatible with the common market and ordering its recovery – Advantage – Obligation to state reasons – Amount of aid – New aid
T-177/10, [2014] EUECJ T-177/10, ECLI: EU: T: 2014: 897
Bailii
European
European, Utilities
Updated: 22 December 2021; Ref: scu.537687
(Turks and Caicos Islands)
Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed
[2014] UKPC 33
Bailii
Commonwealth
Utilities
Updated: 22 December 2021; Ref: scu.537631
ECJ Judgment – References for a preliminary ruling – Regional support scheme providing for the issuance of tradable green certificates for facilities situated in the region concerned producing electricity from renewable energy sources – Obligation for electricity suppliers to surrender annually to the competent authority a certain quota of certificates – Refusal to take account of guarantees of origin originating from other Member States of the European Union and from States which are parties to the EEA Agreement – Administrative fine in the event of failure to surrender certificates – Directive 2001/77/EC – Article 5 – Free movement of goods – Article 28 EC – Articles 11 and 13 of the EEA Agreement – Directive 2003/54/EC – Article 3
L. Bay Larsen, P
C-204/12, [2014] EUECJ C-204/12, ECLI:EU:C:2014:2192
Bailii
Directive 2001/77/EC 5, Directive 2003/54/EC 3, EEA Agreement 11 13
European, Utilities
Updated: 21 December 2021; Ref: scu.536555
The respondent Seecretary of State appealed against a grant of judicial review of its decision that the claimant’s services did not qualify for an Investment Contract which was intended as a form of support for the generation of renewable energy.
Laws, Richards, Gloster LJJ
[2014] EWCA Civ 1153
Bailii
England and Wales
Utilities
Updated: 18 December 2021; Ref: scu.535645
Appeal against refusal of planning permission for four wind turbines against the advice of officers.
Mitting J
[2014] EWHC 2699 (Admin)
Bailii
Planning, Utilities
Updated: 18 December 2021; Ref: scu.535524
The Claimant challenged by judicial review the decision of the Defendant to make an Order granting development consent for the construction of a European pressurised reactor nuclear power station at Hinkley Point in Somerset. They said that the respondent had not properly considered the effect of the works and plant on them in Ireland.
Longmore, Sullivan, Gloster LJJ
[2014] EWCA Civ 1111
Bailii
Directive 2011/92/EU
England and Wales
Planning, Environment, Utilities, European
Updated: 18 December 2021; Ref: scu.535519
Several companies had been liquidated. The liquidators and the respondent disputed how much of the latter’s account had priority as administration expenses.
[2014] EWHC 2721 (Ch)
Bailii
Insolvency Rules 1986
England and Wales
Utilities, Insolvency
Updated: 18 December 2021; Ref: scu.535480
State aid – Environmental incentive measure adopted by Spain in favor of coal-fired power stations – Decision to initiate the procedure provided for in Article 108 (2) TFEU – Obligation to state reasons – Manifest error of assessment – Selective character
T-328/18, [2021] EUECJ T-328/18, ECLI:EU:T:2021:548
Bailii
European
Utilities, Environment
Updated: 17 December 2021; Ref: scu.668111
Terms of an agreement which is to be imposed on the parties pursuant to the electronic communications code contained in schedule 3A to the Communications Act 2003 (‘the Code’). More specifically, it relates to the extent of the upgrading and sharing rights which the respondent, On Tower UK Limited (‘On Tower’), should enjoy under that agreement.
Lord Justice Newey,
Lord Justice Dingemans,
And,
Lady Justice Whipple
[2021] EWCA Civ 1858
Bailii, Judiciary
England and Wales
Utilities, Contract
Updated: 17 December 2021; Ref: scu.670338
UTLC PARK HOMES – Pitch Fee Review – water – whether pitch fee included charge for the supply of water – whether annual RPI increase to apply to the whole pitch fee or only to that part not referable to the supply of water – Mobile Homes Act 1983 – Water Industry Act 1991, s.150 – Water Resale Order 2006 – appeal dismissed
[2014] UKUT 283 (LC)
Bailii
Mobile Homes Act 1983, Water Industry Act 1991 150, Water Resale Order 2006
England and Wales
Landlord and Tenant, Utilities
Updated: 16 December 2021; Ref: scu.534082
The Council issued a nuisance notice in respect of sewage being deposited on a property within its area. The statutory nuisance was accepted. The issue was as to whether the sewage system was a public sewer. The judge had found that the original system had, in 1937, served only one property, and therefore had remained a private sewer. Under the 1987 Act, if it was a drain, it could not be a sewer. The authority asserted that the drain served also a roadway, which was, itself, capable of constituting a property served by the drain, and that it became a sewer on the general statutory adoption in 1937. The question was answered by asking the question of why the drain had been constructed. It had not been constructed for the roadway, but for the house, the roadway was not, in this case, a premise for the purpose of the Act, and the drain was not a public sewer.
Lord Justice Brooke, Mr Justice Newman
Times 15-Nov-2001, [2001] EWHC Admin 687
Bailii
Environmental Protection Act 1990, Water Industry Act 1991, Public Health Act 1875
England and Wales
Citing:
Cited – Acton Local Board v Batten ChD 1884
A dispute arose during the development of Bedford Park, Chiswick. Mr Carr had sold some of his land to the defendant, who became the owner of four houses built on the land and the soil of the street which ran between them. Mr Carr still owned two . .
Cited – Wincanton Rural District Council v Parsons KBD 1905
The defendant had constructed a sewage drain to take discharge from his house. It ran for 250 feet to a catch-pit, and then continued for 70 feet under a highway and was then joined by a drain from another house. For this 70-foot stretch it was also . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Environment, Utilities
Updated: 16 December 2021; Ref: scu.166183
State aid – Market for electricity produced from renewable energy sources, including photovoltaic energy – Obligation under French law to purchase electricity at a price higher than the market price – Rejection of a complaint – Article 12(1) and Article 24(2) Regulation (EU) 2015/1589 – Scope
T-678/20, [2021] EUECJ T-678/20, ECLI:EU:T:2021:780
Bailii
European
Utilities
Updated: 16 December 2021; Ref: scu.670045
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 their sewage into it.
The court denied the possibility of pursuing a claim for damages in nuisance where there was a statutory remedy available: ‘No doubt the defendant corporation are bound to provide and maintain the sewers (see section 14 of the Public Health Act 1936), but they are not thereby causing or adopting the nuisance. It is not the sewers that constitute the nuisance; it is the fact that they are overloaded. That overloading, however, arises not from any act of the defendant corporation but because, under section 34 of the Public Health Act 1936 . . they are bound to permit occupiers of premises to make connexions to the sewer and to discharge their sewage therein . . Nor, in my judgment, can the defendant corporation be said to continue the nuisance, for they have no power to prevent the ingress of sewage into the sewer.’
Upjohn J
[1954] Ch 450, [1954] 1 All ER 923
Public Health Act 1936 14 34
England and Wales
Citing:
Followed – Pride of Derby and Derbyshire Angling Association Ltd v British Celanese Ltd CA 1953
The plaintiff brought an action for nuisance against the local authority for having discharged insufficiently treated effluent into the river Derwent.
Held: The plaintiffs: ‘have a perfectly good cause of action for nuisance, if they can show . .
Cited by:
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 – Bybrook Barn Garden Centre Ltd and Others v Kent County Council CA 8-Jan-2001
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an . .
Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Utilities, Land
Updated: 13 December 2021; Ref: scu.188631
(Court of Session Inner House Second Division) The proprietor of the lands of B, situated within and near to the northern boundary of the city of Glasgow, having pressed the Corporation to undertake a drainage scheme in order to facilitate his feuing, the Corporation constructed, inter alia, a sewer having a sectional area of not quite 7 1 2 square feet, under a road within the city boundary, which had been made one of the public streets of the city, and in a part of that road which ran northwards through the lands of A to the lands of B. The lands of A were not feued, and were used for agricultural purposes. No sewer had previously existed in this part of the road. The new sewer was calculated not merely to serve the purpose of draining the road and such houses as might be built fronting it, but also about 200 acres of prospective building land. The only building on any of the lands adjoining the part of the road in which this new sewer was laid, was the farmhouse and steading on the lands of A, and they were in existence before the sewer was constructed. This farmhouse and steading, although entering from and standing within 25 yards of the road, did not drain into the new sewer. The farm-steading and the agricultural land of the farm were entered in the valuation roll separately as regards both value and occupancy.
The Corporation, as representing the Board of Police, claimed payment under section 329 of the Glasgow Police Act 1866, from the proprietor of A of the proportion of the expense of constructing the sewer corresponding to his whole frontage to that part of the road in which the sewer was laid.
Held (aff. Lord Pearson, Ordinary, by a Court of Seven Judges) (1) that the sewer in question was an ‘ordinary public sewer’ within the meaning of the Glasgow Police Act 1866, the expense of which the proprietors of lands and heritages adjoining the road were bound, in terms of section 329, to defray in proportion to their respective frontages thereto; and (2) (by a majority consisting of the Lord Justice-Clerk, Lord Adam, Lord M’Laren, and Lord Kinnear,- diss. Lord Young and Lord Moncreilf) ( a) that the farmhouse and steading of A was ‘a building erected on a land or heritage adjoining’ the road within the meaning of section 329, ( b) that the proprietor of A was consequently bound now to make payment of his share of the expense of constructing the sewer, and ( c) that the amount so presently payable by him was not only the proportion of such expense effeiring to the extent of his frontage ex adverso of the farmhouse and steading of A, but the proportion corresponding to the whole frontage of the lands of A to that part of the road in which the new sewer was laid.
[1901] SLR 38 – 422
Bailii
Scotland
Utilities
Updated: 11 December 2021; Ref: scu.611491
[2002] EWHC 1171 (TCC)
Bailii
England and Wales
Utilities, Construction
Updated: 06 December 2021; Ref: scu.189183
[2018] EWHC 3576 (Admin)
Bailii
England and Wales
Utilities
Updated: 06 December 2021; Ref: scu.632100
The landowner objected to the proposal of the second respondent to grant, in favour of the first respondent, a wayleave to lay cables through tunnels owned by the claimant landowner.
Held: The tunnel structure was properly seen as land within the Act, and the way-leaves were properly granted. The argument that the meaning of the word ‘land’ must be restricted so as to avoid bizarre conclusions did not work. The right granted applied to all the subsections, or to none of them. Wayleaves through structures on or under land did not differ.
The Vice-Chancellor
Times 21-Nov-2002, Gazette 30-Jan-2003, [2002] EWHC 2417 (Ch)
Bailii
Electricity Act 1989 Sch 4 para 6
England and Wales
Utilities, Land
Updated: 06 December 2021; Ref: scu.178201
ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Directive 2002/91/EC – Energy policy – Energy saving – Failure to transpose within the prescribed period
C-342/07, [2008] EUECJ C-342/07
Bailii
Directive 2002/91/EC
European, Utilities, Environment
Updated: 04 December 2021; Ref: scu.526314
ECJ Opinion – Directive 2003/96/EC – Community framework for the taxation of energy products and electricity – Dual use energy products
Sharpston AG
C-426/12, [2014] EUECJ C-426/12 – O, [2014] EUECJ C-426/12
Bailii, Bailii
Directive 2003/96/EC
European, Utilities
Updated: 03 December 2021; Ref: scu.525843
ECJ Opinion – Failure to fulfill obligations – Directive 2000/60/EC establishing a framework for Community action in the field of water – Article 2, paragraph 38 – Services related to water use – Article 2, paragraph 39 – water use – Article 9 – Recovery of costs of services related to the use of water – National legislation excluding certain services related to the use of water from the scope of the obligation of cost recovery – Collection water for irrigation, industrial purposes and consumption – Containment for hydropower, navigation and protection against floods – Water Storage – Treatment and distribution of water for industrial and agricultural purposes
Niilo Jaaskinen AG
C-525/12, [2014] EUECJ C-525/12 – O, [2014] EUECJ C-525/12
Bailii, Bailii
Directive 2000/60/EC
European, Utilities
Updated: 03 December 2021; Ref: scu.525830
Renewed application for permission to apply for judicial review of The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013.
Lewis J
[2014] EWHC 630 (Admin)
Bailii
England and Wales
Utilities
Updated: 03 December 2021; Ref: scu.524652
ECJ (Order) – Intervention – EFTA Surveillance Authority – Article 40, second and third paragraphs of the Statute of the Court’
C-124/10, [2010] EUECJ C-124/10 – P
Bailii
Cited by:
See Also – 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 . .
See Also – Commission 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
Updated: 02 December 2021; Ref: scu.523883
Appeal against dismissal of a challenge to the decision of a planning Inspector appointed by the Secretary of State, who had allowed an appeal by the developer against the planning authority’s refusal of planning permission for the construction of a wind farm near Wareham in Dorset. The Inspector’s decision followed a nine-day public inquiry in 2012.
Laws, Jackson LJJ, Sir David Keene
[2014] EWCA Civ 347
Bailii
England and Wales
Citing:
Appeal from – Bayliss v Secretary of State for Communities and Local Government and Others Admn 13-Jun-2013
Appeal against Inspector’s grant of permission for wind farm after a public inquiry. . .
Lists of cited by and citing cases may be incomplete.
Planning, Utilities
Updated: 02 December 2021; Ref: scu.523342
ECJ Preliminary reference – Networks and electronic communications services – Directive 2002/20/EC – Tax for private use or special use of the local public domain imposed on operators providing electronic communications services – Article 99 of the Rules of Procedure Court – Response can be clearly deduced from existing case law
C-25/13, [2014] EUECJ C-25/13
Bailii
Directive 2002/20/EC
European, Utilities
Updated: 02 December 2021; Ref: scu.523324
Justice Dove
[2019] EWHC 308 (Admin)
Bailii
England and Wales
Utilities
Updated: 30 November 2021; Ref: scu.633410
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 and entered the river. The question was whether the defendant had caused the consequent pollution.
Held: The defence to a pollution charge is wider than that for a breach of licence condition. The statutory defence to a breach of consent also applies to the allegation of causing pollution. The word ’cause’ in the subsection should be used in its ordinary sense and ‘it is not right as a matter of law to add further requirements.’ and ‘Yorkshire Water Services having set up a system for gathering effluent into their sewers and thence into their sewerage works there to be treated, with an arrangement deliberately intended to carry the results of that treatment into controlled waters, the special circumstances surrounding the entry of iso-octanol into their sewers and works does not preclude the conclusion that Yorkshire Water Services caused the resulting poisonous, noxious and polluting matter to enter the controlled waters, notwithstanding that the constitution of the effluent so entering was affected by the presence of iso-octanol.’
Lord Mackay of Clashfern
Independent 01-Dec-1994, Times 21-Nov-1994, [1995] 1 AC 444, [1994] 3 WLR 1202, [1995] 1 All ER 225
Water Act 1989 107(1)(a) 108(7)
England and Wales
Citing:
Appeal from – National Rivers Authority v Yorkshire Water Services Ltd QBD 19-Nov-1993
‘Causing’ is a question of fact- does not import knowledge or negligence. A water authority could be liable for pollution caused to water even if it was caused by an unknown third party. . .
Restricted to its facts – 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 . .
Restricted to its facts – Price v Cromack 1975
The defendant maintained two lagoons on his land into which, pursuant to an agreement, the owners of adjoining land discharged effluent. The lagoons developed leaks which allowed the effluent to escape into the river.
Held: The escape had not . .
Cited by:
Appealed to – National Rivers Authority v Yorkshire Water Services Ltd QBD 19-Nov-1993
‘Causing’ is a question of fact- does not import knowledge or negligence. A water authority could be liable for pollution caused to water even if it was caused by an unknown third party. . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Environment, Utilities
Updated: 23 November 2021; Ref: scu.84193
‘Causing’ is a question of fact- does not import knowledge or negligence. A water authority could be liable for pollution caused to water even if it was caused by an unknown third party.
Times 24-Nov-1993, Independent 19-Nov-1993
Water Act 1989 107(1)(a)
England and Wales
Citing:
Appealed to – 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 . .
Cited by:
Appeal from – 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: 23 November 2021; Ref: scu.84195
T-167/19, [2021] EUECJ T-167/19
Bailii
European
Utilities
Updated: 22 November 2021; Ref: scu.668570
Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland.
Lady Clark of Calton
[2013] ScotCS CSOH – 158
Bailii
Electricity Act 1989, Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, Town and Country Planning (Scotland) Act 1997, Electricity (Applications for Consent) Regulations 1990
Cited by:
At Outer House – Sustainable Shetland v The Scottish Ministers and Another SCS 3-Dec-2013
Second Division – Inner House -The petitioners challenged the grant of permission under the 1989 Act for a windfarm on Shetland. . .
At Outer House – Sustainable Shetland v The Scottish Ministers and Viking Energy Partnership for Judicial Review SCS 9-Jul-2014
Inner House, First Division – Application regarding substantial wind farm on Shetland. The claimants said that the defenders had failed to take proper account of te effect of the proposed development on the whimbrel. . .
At Outer House – Sustainable Shetland v The Scottish Ministers and Another (Scotland) SC 9-Feb-2015
Wind Farm Permission Took Proper Account
Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird.
Scotland, Environment, Utilities
Updated: 21 November 2021; Ref: scu.516334
ECJ Electronic communications networks and services – Directive 2002/20/EC – Article 12 – Administrative charges imposed on undertakings in the sector concerned – National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities
Jarasiunas P
C-228/12, [2013] EUECJ C-228/12
Bailii
Directive 2002/20/EC 812
European, Utilities
Updated: 17 November 2021; Ref: scu.513419
Cranston J
[2011] EWHC 2883 (Admin)
Bailii
England and Wales
Land, Utilities
Updated: 17 November 2021; Ref: scu.448100
Lord Lamington (Chairman), Lord Elphinstone, Mr P. J. Ford, M.P., and Dr W. Murray, M.P
[1921] UKHL 663 – 1, 58 SLR 663 – 1
Bailii
Scotland
Utilities
Updated: 15 November 2021; Ref: scu.632633
ECJ Electronic communications networks and services – Directive 2002/20/EC – Articles 12 and 13 – Administrative charges and fees for rights of use – Charge applicable to mobile telephony operators – National legislation – Method of calculating the charge – Percentage of the costs paid by users
C-71/12, [2013] EUECJ C-71/12
Bailii
Directive 2002/20/EC 12 13
European, Utilities
Updated: 14 November 2021; Ref: scu.511330
ELECTRONIC COMMUNICATIONS CODE – CODE RIGHTS – paragraph 21 of the Code – whether prejudice to the site provider outweighs the public benefit of imposing an agreement – whether prejudice can be compensated in money – redevelopment by a third party – interim Code agreement, jurisdiction – terms of agreement – upgrading, sharing, access, compensation, equipment, electricity supplies, exclusion zones.
[2020] UKUT 248 (LC)
Bailii
England and Wales
Land, Utilities
Updated: 12 November 2021; Ref: scu.653287
