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.
Judges:
Robert Walker LJ
Citations:
[2001] EWCA Civ 1284
Links:
Statutes:
Public Health Act 1936 Part II
Jurisdiction:
England and Wales
Cited by:
Cited – Raglan Housing Association Ltd v Southampton City Council and Southern Water Services Ltd CA 30-Jul-2007
The claimant sought damages in nuisance from the defendants saying that a channel for which they were responsible flooded causing damage. The defendant appealed a finding that the culvert had become a sewer. It had been a natural stream, but had . .
Lists of cited by and citing cases may be incomplete.
Utilities, Local Government
Updated: 04 June 2022; Ref: scu.166274