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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: 2004 To: 2004

This page lists 6 cases, and was prepared on 02 April 2018.

 
Commission v Spain (Judgment) C-500/01; [2004] EUECJ C-500/01
7 Jan 2004
ECJ

European, Utilities
Europa Failure of a Member State to fulfil its obligations - Market for telecommunications services - Tariff rebalancing - Access to the local loop - Directive 90/388/EEC - Article 4(c).
[ Bailii ]
 
Severn Trent Water Ltd v Barnes [2004] EWCA Civ 570; [2004] 2 EGLR 95; [2004] 26 EG 194; [2005] RVR 181
13 May 2004
CA
Lord Justice Potter Lord Justice Jonathan Parker And Sir Swinton Thomas
Utilities, Land, Damages
The water company appealed an award of damages after it had been found to have laid a water main under the claimant's land without his knowledge or consent. The court had awarded restitutionary damages. Held: The judge fell into error in awarding the exercise the judge sought to perform by awarding the additional sum of £1560 was to compensate for the financial advantage to Severn Trent of using the main without having paid an appropriate sum by way of compensation during a period of 3 years up to the time (July 1995) when the judge considered that the matter would have been settled had Mr Barnes been properly advised. He had no right to an account of profits as well as a sum to compensate him for his loss. Award reduced accordingly.
Potter LJ said: "It is of course the position that in cases of trespass of this kind there is no right to a share in, or account of, profits in any conventional sense. The only relevance of the defendant's profits is that they are likely to be a helpful reference point for the court when seeking to fix upon a fair price for a notional licence."
Water Industry Act 1991 159
1 Cites

1 Citers

[ Bailii ]
 
Thames Water Utilities Ltd v London Underground Ltd [2004] EWCA Civ 615
18 May 2004
CA
Lord Justice Brooke Lord Justice Jonathan Parker
Utilities

London Underground Act 1992
[ Bailii ]
 
Gwynedd Council v British Telecommunications Plc [2004] EWCA Civ 942
16 Jul 2004
CA
Lord Justice Auld Lord Justice Jacob Lord Justice Wall
Utilities

New Roads and Street Works Act 1991 84 85 - Street Works (Sharing of Costs of Works) Regulations 1992 2(2)
[ Bailii ]
 
Thames Water Utilities Ltd v London Regional Transport and Another [2004] EWHC 2021 (TCC)
18 Aug 2004
TCC

Construction, Utilities
Destruction of water main in building works
[ Bailii ]
 
M. Holleran Ltd v Severn Trent Water Ltd [2004] EWHC 2508 (Comm)
4 Nov 2004
ComC

Utilities, Limitation

Utilities Contracts Regulations 1996 32(4)
[ Bailii ]
 
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