Transco plc v Leicestershire County Council
Transco plc v Leicestershire County Council
- 2003
[2003] EWCA Civ 1524, 4 November 2003. Appeal by defendant (T) against HC decision ([2003] EWHC 709 (QB), unreported) relating to the liability of T as a statutory undertaker in respect of late completion of under street works to gas pipes. The CA considered T's liability under the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001 as laid down in the New Roads and Street Works Act 1991 as amended by the Transport Act 2000. Particular reference is made to the regulations governing the determination of what is a reasonable period."Held": that the presumption in Reg 5(6) of the 2001 Regulations deeming works to continue until a works clear or works closed notice had been given only applied to remedial works. Moreover, the presumption was rebuttable and not conclusive. View at www.bailii.org.
TRANSCO PLC V LEICESTERSHIRE CC
STREET WORKS
STREET WORKS (CHARGES FOR UNREASONABLY PROLONGED OCCUPATION OF THE HIGHWAY) (ENGLAND) REGULATIONS 2001
NEW ROADS AND STREET WORKS ACT 1991
TRANSPORT ACT 2000
REMEDIAL WORKS
STATUTORY REQUIREMENTS
GAS PIPES
[2003] EWCA Civ 1524, 4 November 2003. Appeal by defendant (T) against HC decision ([2003] EWHC 709 (QB), unreported) relating to the liability of T as a statutory undertaker in respect of late completion of under street works to gas pipes. The CA considered T's liability under the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001 as laid down in the New Roads and Street Works Act 1991 as amended by the Transport Act 2000. Particular reference is made to the regulations governing the determination of what is a reasonable period."Held": that the presumption in Reg 5(6) of the 2001 Regulations deeming works to continue until a works clear or works closed notice had been given only applied to remedial works. Moreover, the presumption was rebuttable and not conclusive. View at www.bailii.org.
TRANSCO PLC V LEICESTERSHIRE CC
STREET WORKS
STREET WORKS (CHARGES FOR UNREASONABLY PROLONGED OCCUPATION OF THE HIGHWAY) (ENGLAND) REGULATIONS 2001
NEW ROADS AND STREET WORKS ACT 1991
TRANSPORT ACT 2000
REMEDIAL WORKS
STATUTORY REQUIREMENTS
GAS PIPES