000 01980cam a2200277 4500
001 ABS67785
008 040528n2004 000 0 eng u
035 _a(Sirsi) u126308
245 _aSevern Trent Water Ltd v Barnes
260 _c2004
490 _aEstates Gazette
_v26 June 2004, 194-200(7)
520 _a[2004] EWCA Civ 570, 13 May 2004. The appellant (S) had been brought to court by the respondent (B) for trespass after S had laid water pipes under his land without giving statutory notice. S had statutory powers to lay and maintain water mains under the Water Industry Act 1991 s159, but failed to realise B's ownership of a corner of grazing land under which the mains passed. Once S realised B's ownership, S served notice. B then sought damages for diminuition in the development and agricultural value of his land. The judge held that the land had no development value and awarded costs based on the likely reasonable outcome of any negotiations between the parties. The judge also awarded #500 as compensation for the lost opportunity to negotiate and #1 560 as restitutionary damages, based on 3 years' notional rent charge of #520 pa. However, on appeal, the award was reduced. "Held": that there was no basis for the restitutionary damages. View judgment at www.bailii.org.
590 _aABS
590 _aABS
650 _aSEVERN TRENT WATER LTD V BARNES
650 _aWATER INDUSTRY ACT 1991 S159
650 _aWAYLEAVES
650 _aLAND VALUES
650 _aCOMPENSATION
650 _aTRESPASS
650 _aRESTITUTIONARY DAMAGES
690 _aBOUNDARIES, PARTY WALLS AND EASEMENTS-CASE LAW
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/570.html&query=SEVERN+TRENT&method=all
_zView judgment on the BAILII website...
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/570.html&query=SEVERN+TRENT&method=all
_zView judgment on the BAILII website...
942 _n0
999 _c117412
_d117412