Links: Home | swarblaw - law discussions

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: 2003 To: 2003

This page lists 10 cases, and was prepared on 02 April 2018.

 
Langley and others v Coal Authority Times, 31 March 2003; [2003] EWCA Civ 204
21 Feb 2003
CA
Peter Gibson, Mance LJJ, Hopper J
Utilities, Damages, Land
The claimants were owners of properties damaged by landslip. The respondent authority asserted it had the right under the Act to elect to pay compensation rather than to executre works to re-instate the property, and also to limit the amount of compensation. Held: The section allowed the Authority to elect either to pay compensation equal to the diminution of value in the property, or to execute works to re-instate the property. Having not made such an election, the Authority was obliged to carry out the works. That remaining duty was unaffected by the amount of costs which would have had to be allowed for if an election had been made.
Coal Mining Subsidence Act 1991 6(2)
[ Bailii ]
 
Siemens/Sequa / Jv (Case No Comp/M.3084 - Mergers) [2003] ECComm 4
28 Feb 2003
ECMM

European, Utilities, Commercial

[ Worldlii ]
 
Dwr Cymru Cyfyngedig v Environment Agency of Wales [2003] EWHC 336 (Admin)
28 Feb 2003
Admn

Utilities

[ Bailii ]
 
Rowe, Regina (on the Application of) v Vale of White Horse District Council [2003] 1 Lloyds Rep 418; [2003] EWHC 388 (Admin)
7 Mar 2003
Admn
The Hon Mr Justice Lightman
Utilities, Local Government, Equity
The local council sought to claim payment for sewerage services enjoyed by a householder. Held: Where a supplier has supplied services to another and there is no contractual relationship in existence, the law may afford to the supplier restitutionary remedy. Lightman J said: "there are four essential ingredients to a claim in restitution:
(i) a benefit must have been gained by the defendant;
(ii) the benefit must have been obtained at the claimant's expense;
(iii) it must be legally unjust, that is to say there must exist a factor (referred to as an unjust fact) rendering it unjust, for the defendant to retain the benefit;
(iv) there must be no defence available to extinguish or reduce the defendant's liability to make restitution."
1 Cites

1 Citers

[ Bailii ]
 
T-Mobile (Uk) Ltd and Others, Regina (on the Application Of) v Competition Commission and Another [2003] EWHC 1566 (Admin)
27 Jun 2003
Admn

Licensing, Utilities

[ Bailii ]
 
Hart v Anglian Water Services Ltd Times, 18 August 2003
31 Jul 2003
CACD

Environment, Criminal Sentencing, Utilities
In a private prosecution, Mr Hart complained that the defendant had allowed untreated sewage to be discharged into controlled waters. The defendant pleaded guilty, but now appealed the fine of £200,000. Held: The sentence was imposed on the basis that the discharge was substantial, and the effect on the environment disastrous. The defendant had many convictions for similar offences. Such discharges were properly characterised as criminal, and it was a question of what priority was given to prevention by the company. There was no standard tariff or scale of penalties, and the court declined to set one, referring only to a guideline booklet produced by the Magistrates association. Here the fine remained manifestly excessive, and was reduced to £60,000.
Water Resources Act 1991 85(3)

 
Altair Chimica SpA v ENEL Distribuzione SpA C-207/01; [2003] EUECJ C-207/01
11 Sep 2003
ECJ

European, Utilities
ECJ Reference for a preliminary ruling: Corte d'appello di Firenze - Italy. Competition - Dominant position - Supply of electricity - Imposition of a sovrapprezzo.
[ Bailii ]
 
Trelleborg/Smiths (Pss Division) (Case No Comp/M.3232 - Mergers) [2003] ECComm 66
19 Sep 2003
ECMM

European, Utilities, Company

[ Worldlii ]
 
Transco Plc v Leicestershire County Council [2003] EWCA Civ 1524; Times, 07 November 2003
4 Nov 2003
CA
Lord Justice Kennedy Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob
Utilities, Local Government
The council sought to recover from the defendant damages for the late completion of roadworks. Held: "The statutory provisions are long and complex. At times I have been inclined to wonder whether they are the product of a demented computer." The rules which required the notices to be given within the procedures to start and end the periods at issue, were required not as part of the process of co-ordination of works. The deeming provisions were not irrebutable, and late delivery of an end-notice was not irrebutable evidence of the date at which the work ceased. Works are deemed for purposes of charging to have been begun and concluded in accordance with notices that have been given, but it is open to both Highway Authorities and undertakers to prove that this was not in fact the case.
New Roads and Street Works Act 1991 - Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001
[ Bailii ]

 
 Marcic v Thames Water Utilities Limited; HL 4-Dec-2003 - [2003] UKHL 66; Times, 05 December 2003; Gazette, 29 January 2004; [2004] 2 AC 42; [2003] 50 EGCS 95; [2003] 3 WLR 1603; [2004] 1 All ER 135; [2003] NPC 150; 91 Con LR 1; [2004] BLR 1; [2004] UKHRR 253; [2004] Env LR 25; [2004] HRLR 10
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.