Discharge a duty
Series: Estates Gazette ; (0214) 6 April 2002, 122 (1)Publication details: 2002Subject(s): Online resources: Summary: Human rights law may force a public authority to remedy inherited problems . The CA, in its deliberation of "Marcic v Thames Water Utilities" also dealt briefly with an alternative claim under the Human Rights Act 1998. The CA upheld the judge's verdict in the court below that the claimant's human rights had been infinged in this case where a public utility undertaker had a positive duty to to take reasonable steps to abate a nuisance of sewage flooding. As a consequence, payment of compensation in such cases even if there is no'fault' might be required so that a fair balance between the interests of th e individual and the community might be achieved. Existing law may have to be modified. (See also WB3812-04). Full copy of judgement available on http://www.courtservice.gov.uk/View.do?id=1009&searchTerm=Marcic&ascending=false&index=0&maxIndex=2| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Journal article | London Journals | 1 | Available | 117444-1001 |
Human rights law may force a public authority to remedy inherited problems . The CA, in its deliberation of "Marcic v Thames Water Utilities" also dealt briefly with an alternative claim under the Human Rights Act 1998. The CA upheld the judge's verdict in the court below that the claimant's human rights had been infinged in this case where a public utility undertaker had a positive duty to to take reasonable steps to abate a nuisance of sewage flooding. As a consequence, payment of compensation in such cases even if there is no'fault' might be required so that a fair balance between the interests of th e individual and the community might be achieved. Existing law may have to be modified. (See also WB3812-04). Full copy of judgement available on http://www.courtservice.gov.uk/View.do?id=1009&searchTerm=Marcic&ascending=false&index=0&maxIndex=2