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