Geoff Brewer of Brewer Consulting examines statutory undertakers' duty of care
Brewer, G.
Geoff Brewer of Brewer Consulting examines statutory undertakers' duty of care - 2002 - Contract Journal 412(6366) 27 February 2002, 23(1) .
Examines case of "Peter Marcic v Thames Water Utilities Ltd", where the statutory undertaker of a utility was found to have a duty of care to individuals separable from the exercise of its statutory duties. This resulted from a flood from an overburdened sewer, and the householder claimed at the Technology and Construction Court on the basis of nuisance and negligence as a breach of the Human Rights Act 1998. First claim was dismissed, but Court of Appeal reversed the earlier decision, concluding that, where an authority carries on an undertaking in the interests of the community as a whole, it may have to pay compensation to individuals whose rights are infringed by that undertaking, in order to achieve a fair balance between the interests of the individual and the community.
MARCIC V THAMES WATER UTILITIES LTD
THAMES WATER UTILITIES LTD
TECHNOLOGY AND CONSTRUCTION COURT
HUMAN RIGHTS ACT 1998
FLOODING
SEWERS
Geoff Brewer of Brewer Consulting examines statutory undertakers' duty of care - 2002 - Contract Journal 412(6366) 27 February 2002, 23(1) .
Examines case of "Peter Marcic v Thames Water Utilities Ltd", where the statutory undertaker of a utility was found to have a duty of care to individuals separable from the exercise of its statutory duties. This resulted from a flood from an overburdened sewer, and the householder claimed at the Technology and Construction Court on the basis of nuisance and negligence as a breach of the Human Rights Act 1998. First claim was dismissed, but Court of Appeal reversed the earlier decision, concluding that, where an authority carries on an undertaking in the interests of the community as a whole, it may have to pay compensation to individuals whose rights are infringed by that undertaking, in order to achieve a fair balance between the interests of the individual and the community.
MARCIC V THAMES WATER UTILITIES LTD
THAMES WATER UTILITIES LTD
TECHNOLOGY AND CONSTRUCTION COURT
HUMAN RIGHTS ACT 1998
FLOODING
SEWERS