swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Utilities - From: 1985 To: 1989
This page lists 3 cases, and was prepared on 02 April 2018.
RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council [1985] UKHL 9
24 Jan 1985
HL
Nuisance, Scotland, Utilities
The pursuers sought damages after the defender's sewer collapsed flooding their bakery.
Sewerage (Scotland) Act 1968
[ Bailii ]
Rance v Elvin (1985) 50 P&CR 9; [1985] EWCA Civ 7
14 Feb 1985
CA
Browne-Wilkinson, Griffiths LJ, Sir George Waller
Land, Utilities
The plaintiff complained that he had an easement over the defendants land for the supply of water, including the right to connect into the mains on the defendant's land. The defendant said that the right was only to connect to the mains directly. Held: There was a crucial distinction between the right to a supply of water; and a right to an uninterrupted passage of water. A right of the passage of water through the service connection serving the property was not a right to be supplied with water by the servient owner at his expense, but to the uninterrupted passage of water and no more. It confers no right to insist upon the servient owner allowing water to enter his pipes. If, however, water does reach the pipes by any means whatever, that water must be permitted to pass through the pipes on the servient land so as to reach the dominant land. The servient owner is not bound to ensure that any water does reach the system, but if it does he cannot prevent its onward passage to the dominant tenement without being liable for action for interference with the easement.
1 Cites
1 Citers
[ Bailii ]
Pretura Unificata Di Torino v X R-228/87; [1988] EUECJ R-228/87
22 Sep 1988
ECJ
European, Utilities
ECJ The authorization to exceed the maximum permitted concentrations set out in Annex I to Directive 80/778/EEC relating to the quality of water intended for human consumption (Article 10 (1)) must be granted only in an urgent situation in which the national authorities are required to cope suddenly with difficulties in the supply of water for human consumption . Such an authorization must be limited to the time normally necessary to restore the quality of the water affected, must not pose any unacceptable risk to human health and may be granted only if the supply of water for human consumption cannot be maintained in any other way.
Directive 80/778/EEC
[ Bailii ]
