000			02217cam a2200265 4500
001			ABS65560
008			020524n2002 000 0 eng u
035			_a(Sirsi) u118131
245			_aMarcic v Thames Water Utilities Ltd
260			_c2002
490			_aWeekly Law Reports _v[2002] 2 WLR 932-1008(76)
520			_aCA 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			_aABS
650			_aPUBLIC AUTHORITY
650			_aSTATUTORY UNDERTAKERS
650			_aNUISANCE
650			_aHUMAN RIGHTS ACT 1998 S6(1)
650			_aFLOODING
650			_aHUMAN RIGHTS ACT 1998 S8(3)
650			_aMARCIC V THAMES WATER UTILITIES LTD
650			_aRYLANDS V FLETCHER
690			_aPROPERTY AND LAND LAW-CASE LAW
856			_awww.courtservice.gov.uk/View.do?id=1009&searchTerm=Marcic&ascending=false&index=0&maxIndex=2
942			_n0
999			_c70348 _d70348