Marcic v Thames Water Utilities Ltd
Marcic v Thames Water Utilities Ltd
- 2003
- Weekly Law Reports [2003] 3 WLR 1603-1627(14) .
[2003] UKHL 66, 4 December 2003. Appeal against CA decision ([2002] EWCA Civ, Abs65560) which held that defendant T's failure to repair sewers near claimant M's home gave M a common law remedy in nuisance in relation to consequential flooding. It also constituted an interference with M's rights under the Convention for the Protection of Human Rights and Fundamental Freedoms Art 8 and First Protocol 1 Art 1. On appeal, the HL held that M did not have a common law action in nuisance against T as such an action would conflict with the comprehensive statutory scheme laid down in the Water Industry Act 1991 which complied with the European Convention. Appeal allowed. View judgment at www.parliament.the-stationery-office.co.uk.
MARCIC V THAMES WATER UTILITIES LTD
PUBLIC AUTHORITY
STATUTORY UNDERTAKERS
NUISANCE
FLOODING
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
WATER INDUSTRY ACT 1991
HUMAN RIGHTS ACT 1998
RYLANDS V FLETCHER
NEGLIGENCE
[2003] UKHL 66, 4 December 2003. Appeal against CA decision ([2002] EWCA Civ, Abs65560) which held that defendant T's failure to repair sewers near claimant M's home gave M a common law remedy in nuisance in relation to consequential flooding. It also constituted an interference with M's rights under the Convention for the Protection of Human Rights and Fundamental Freedoms Art 8 and First Protocol 1 Art 1. On appeal, the HL held that M did not have a common law action in nuisance against T as such an action would conflict with the comprehensive statutory scheme laid down in the Water Industry Act 1991 which complied with the European Convention. Appeal allowed. View judgment at www.parliament.the-stationery-office.co.uk.
MARCIC V THAMES WATER UTILITIES LTD
PUBLIC AUTHORITY
STATUTORY UNDERTAKERS
NUISANCE
FLOODING
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
WATER INDUSTRY ACT 1991
HUMAN RIGHTS ACT 1998
RYLANDS V FLETCHER
NEGLIGENCE