000			01632cam a2200265 4500
001			WB3812-04
008			020404n2002 000 0 eng u
035			_a(Sirsi) u117343
245			_aPublic utility held liable for property flooding
260			_c2002
490			_aEstates Gazette _v(0213) 30 March 2002, 97(1)
520			_aPublic or privatised statutory undertakers, whose activities caused damage or loss to people in the vicinity, have usually been sympathetically viewed by the law. CA has recently ruled however that traditional common law position has changed, after 'Marcic v Thames Water Utilities Ltd' 2002. It concluded that flooding from inadequate sewer can lead to liability in nuisance, where Thames Water had neglected to maintain a programme of flood-relief works which gave priority to houses at risk of internal flooding, whereas this property was damaged externally. Both parties appealed against first ruling to reject householders claims, but award compensation under Human Rights Act 1998. CA found that defendant had a duty of care to try to abate a nuisance. Sewerage authorities may now have to act positively on overloaded sewers.
590			_aWB
650			_aMARCIC V THAMES WATER UTILITIES LTD
650			_aRYLANDS V FLETCHER
650			_aHUMAN RIGHTS ACT 1998
650			_aWATER INDUSTRY ACT 1991
650			_aLEAKEY V NATIONAL TRUST
650			_aSMEATON V ILFORD CORPORATION
650			_aDUNNE V NORTH WESTERN GAS BOARD
650			_aTHAMES WATER
650			_aGLOSSOP V HESTON AND ISLEWORTH LOCAL BOARD
690			_aBUILDING AND CONSTRUCTION-CASE LAW
942			_n0
999			_c69909 _d69909