Public utility held liable for property flooding
Public utility held liable for property flooding
- 2002
- Estates Gazette (0213) 30 March 2002, 97(1) .
Public or privatised statutory undertakers, whose activities caused damage or loss to people in the vicinity, have usually been sympathetically viewed by the law. CA has recently ruled however that traditional common law position has changed, after 'Marcic v Thames Water Utilities Ltd' 2002. It concluded that flooding from inadequate sewer can lead to liability in nuisance, where Thames Water had neglected to maintain a programme of flood-relief works which gave priority to houses at risk of internal flooding, whereas this property was damaged externally. Both parties appealed against first ruling to reject householders claims, but award compensation under Human Rights Act 1998. CA found that defendant had a duty of care to try to abate a nuisance. Sewerage authorities may now have to act positively on overloaded sewers.
MARCIC V THAMES WATER UTILITIES LTD
RYLANDS V FLETCHER
HUMAN RIGHTS ACT 1998
WATER INDUSTRY ACT 1991
LEAKEY V NATIONAL TRUST
SMEATON V ILFORD CORPORATION
DUNNE V NORTH WESTERN GAS BOARD
THAMES WATER
GLOSSOP V HESTON AND ISLEWORTH LOCAL BOARD
Public or privatised statutory undertakers, whose activities caused damage or loss to people in the vicinity, have usually been sympathetically viewed by the law. CA has recently ruled however that traditional common law position has changed, after 'Marcic v Thames Water Utilities Ltd' 2002. It concluded that flooding from inadequate sewer can lead to liability in nuisance, where Thames Water had neglected to maintain a programme of flood-relief works which gave priority to houses at risk of internal flooding, whereas this property was damaged externally. Both parties appealed against first ruling to reject householders claims, but award compensation under Human Rights Act 1998. CA found that defendant had a duty of care to try to abate a nuisance. Sewerage authorities may now have to act positively on overloaded sewers.
MARCIC V THAMES WATER UTILITIES LTD
RYLANDS V FLETCHER
HUMAN RIGHTS ACT 1998
WATER INDUSTRY ACT 1991
LEAKEY V NATIONAL TRUST
SMEATON V ILFORD CORPORATION
DUNNE V NORTH WESTERN GAS BOARD
THAMES WATER
GLOSSOP V HESTON AND ISLEWORTH LOCAL BOARD