In it up to their heads
Akenhead, R
In it up to their heads - 2002 - Building 15 March 2002, 59(1) .
The recent CA decision in "Marcic v Thames Water" means that water companies will now be liable when public sewers cause repeated flooding to homeowners. Mr Marcic sued Thames Water for nuisance, negligence, breach of statutory duty and under the Human Rights Act 1998 after his property was frequently flooded as a result of overflowing public sewers. Thames Water was held liable for nuisance in tort because it had not carried out all that was reasonable to prevent hazards on the land (or sewer) as required under the current law. Concludes that all those involved in the water industry will have to take more immediate and effective steps to address inadequacies in sewerage systems which cause repeated flooding.
PUBLIC SEWERS
WATER INDUSTRY ACT 1991
WATER COMPANIES
HUMAN RIGHTS ACT 1998
FLOODING
LIABILITY
NEGLIGENCE
MARCIC V THAMES WATER UTILITIES LTD
In it up to their heads - 2002 - Building 15 March 2002, 59(1) .
The recent CA decision in "Marcic v Thames Water" means that water companies will now be liable when public sewers cause repeated flooding to homeowners. Mr Marcic sued Thames Water for nuisance, negligence, breach of statutory duty and under the Human Rights Act 1998 after his property was frequently flooded as a result of overflowing public sewers. Thames Water was held liable for nuisance in tort because it had not carried out all that was reasonable to prevent hazards on the land (or sewer) as required under the current law. Concludes that all those involved in the water industry will have to take more immediate and effective steps to address inadequacies in sewerage systems which cause repeated flooding.
PUBLIC SEWERS
WATER INDUSTRY ACT 1991
WATER COMPANIES
HUMAN RIGHTS ACT 1998
FLOODING
LIABILITY
NEGLIGENCE
MARCIC V THAMES WATER UTILITIES LTD