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: 2001 To: 2001
This page lists 9 cases, and was prepared on 02 April 2018.
A E Beckett and Sons (Lyndons) Ltd and Others v Midlands Electricity Plc; CA 10-Jan-2001 - Times, 10 January 2001; Gazette, 01 February 2001; [2001] EWCA Civ 312; [2001] 1 WLR 281
PreussenElektra v Schleswag AG, in the presence of Windpark Reussenkoge III GmbH and Land Schleswig-Holstein [2001] EUECJ C-379/98; [2001] ECR I-2099; C-379/98
13 Mar 2001
ECJ
European, Utilities
Europa Electricity - Renewable sources of energy - National legislation requiring electricity supply undertakings to purchase electricity at minimum prices and apportioning the resulting costs between those undertakings and upstream network operators - State aid - Compatibility with the free movement of goods.
1 Citers
[ Bailii ]
British Waterways Board v Severn Trent Water Ltd; CA 23-Mar-2001 - Times, 23 March 2001; Gazette, 29 March 2001; Gazette, 20 April 2001; [2001] 3 WLR 613; [2002] Ch 25; [2001] EWCA Civ 276; [2002] EHLR 1; [2001] 3 All ER 673; [2001] Env LR 45; [2001] NPC 53
Marchiori, Regina (on the Application Of) v Environment Agency [2001] EWCA Civ 987
22 Jun 2001
CA
European, Utilities, Armed Forces
Renewed application for leave to appeal. Complaint at military activities being condcuted under the Euratom Treaty.
[ Bailii ]
Marcic v Thames Water Utilities Ltd [2001] EWHC Technology 394; [2002] QB 929; [2001] 4 All ER 326
10 Jul 2001
TCC
His Honour Judge Richard Havery QC
Land, Human Rights, Negligence, Nuisance, Utilities
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Sefton Metropolitan Borough Council v United Utilities Water Ltd [2001] EWCA Civ 1284
31 Jul 2001
CA
Robert Walker LJ
Utilities, Local Government
Maghull Brook passed under a densely populated part of Merseyside, in an enclosed culvert constructed in about 1958. The question was whether this part had become a sewer before 1 April 1974, because of the culverting work. The parties discussed which was responsible for its maintenance, being successors to the authorities who had orginally constructed it and shared its maintenance. This depended on whather it had been construced under 1936 Act. The trial judge had held that it had always been a watercourse, and had not changed its character as such. Sefton appealed, focussing on the evidence as to the basis on which the culverting work had been undertaken in 1958. Held: The work had been undertaken under Part XI of the 1936 Act, under general local authority powers, and not under Part II, under powers conferred on a local authority in respect of sewerage. Construction work done in relation to a channel may make a difference, depending on who did it and in what capacity.
Public Health Act 1936 Part II
1 Citers
[ Bailii ]
City of Bradford Metropolitan District Council v Yorkshire Water Services Ltd Times, 15 November 2001; [2001] EWHC Admin 687
19 Sep 2001
CA
Lord Justice Brooke, Mr Justice Newman
Nuisance, Environment, Utilities
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.
Environmental Protection Act 1990 - Water Industry Act 1991 - Public Health Act 1875
1 Cites
[ Bailii ]
Friends of the Earth Ltd and Another v Secretary of State for Environment Food and Rural Affairs and Others Times, 25 February 2002; [2001] EWCA Civ 1847
7 Dec 2001
CA
Lord Justice Simon Brown, Lord Justice Waller, And, Lord Justice Dyson
Environment, European, Utilities
When assessing the economic and social benefits of a new radiation-producing process, the Secretary of State was not obliged to include in the costs, the capital already invested in the plant. BNFL proposed to bring on-line a mixed oxide fuel (MOX) plant. The balances was to be weighed at the time of the decision, at which point costs already incurred were no longer applicable. There is a standard economic principle of ignoring sunk costs which would never be recovered.
Council Directive 96/29/Euratom Art 6.1
[ Bailii ]
Furness and Others v Thames Water Services Ltd, Environment Agency [2001] EWHC Admin 1058
17 Dec 2001
Admn
Turner J
Environment, Utilities
The Environment Agency had granted a licence for the incineration of waste, and this was challenged by the claimants, on the basis of the respondents having failed to comply with the procedures required by the Act and Regulations. The regulations included transitional procedures. They said the Agency had no standing under the Act to issue a licence. Held: The transitional provisions were not easy, but had been navigated correctly by the Environment Agency. The Agency had considered the report governing these matters which did not in any event have the force of law. The application failed.
Environmental Protection Act 1990 7 7(4) - Pollution Prevention and Control (England and Wales) Regulations 2000 9 - Council Directive 96/61/EC Integrated Pollution Prevention and Control
[ Bailii ]
