Marcic v Thames Water Utilities Ltd (Record no. 70348)

MARC details
000 -LEADER
fixed length control field 02217cam a2200265 4500
001 - CONTROL NUMBER
control field ABS65560
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 020524n2002 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u118131
245 ## - TITLE STATEMENT
Title Marcic v Thames Water Utilities Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2002
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2002] 2 WLR 932-1008(76)
520 ## - SUMMARY, ETC.
Summary, etc. CA 7 February 2002. Claimant's (M) garden had been repeatedly flooded since 1992 by sewage discharged from sewers operated and maintained by the defendant (T). In 1998 M had brought an action against T at common law for breach of statutory duty and under the Human Rights Act 1998 for damages to his property. "Held"that T was not liable for breach of statutory duty or at common law for its failure to carry out preventative works but that that failure constituted an interference with M's right to respect for his private life and home and the peaceful enjoyment of his possessions under articles of the European Convention of Human Rights and thus T's inactivity was deemed a liability under Human Rights Act 1998 s6(1) and damages due to M under Human Rights Act 1998 s8(3)."Held" on appeal by T and cross-appeal by M that M had no action for breach of statutory duty but T was under a duty to take reasonable steps in all the circumstances to prevent water discharge on M's property and M was due damages for the entire period of his claim. M's right to damages at common law displaced any Convention rights to damages under the 1998 Act. The claim did not need to be considered under "Rylands v Fletcher". Thames Water launched an appeal in the HL on 27 October 2003. Full copy of judgement available on www.courtservice.gov.uk/View.do?id=1009&searchTerm=Marcic&ascending=false&index=0&maxIndex=2
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PUBLIC AUTHORITY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element STATUTORY UNDERTAKERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NUISANCE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUMAN RIGHTS ACT 1998 S6(1)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FLOODING
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUMAN RIGHTS ACT 1998 S8(3)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MARCIC V THAMES WATER UTILITIES LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RYLANDS V FLETCHER
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Host name www.courtservice.gov.uk/View.do?id=1009&searchTerm=Marcic&ascending=false&index=0&maxIndex=2
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 24/05/2002   ABS65560 118131-1001 06/08/2019 1 06/08/2019 Law report