000 01801cam a2200301 4500
001 ABS67372
008 031209n2003 000 0 eng u
035 _a(Sirsi) u124584
245 _aMarcic v Thames Water Utilities Ltd
260 _c2003
490 _aWeekly Law Reports
_v[2003] 3 WLR 1603-1627(14)
520 _a[2003] UKHL 66, 4 December 2003. Appeal against CA decision ([2002] EWCA Civ, Abs65560) which held that defendant T's failure to repair sewers near claimant M's home gave M a common law remedy in nuisance in relation to consequential flooding. It also constituted an interference with M's rights under the Convention for the Protection of Human Rights and Fundamental Freedoms Art 8 and First Protocol 1 Art 1. On appeal, the HL held that M did not have a common law action in nuisance against T as such an action would conflict with the comprehensive statutory scheme laid down in the Water Industry Act 1991 which complied with the European Convention. Appeal allowed. View judgment at www.parliament.the-stationery-office.co.uk.
590 _aABS
650 _aMARCIC V THAMES WATER UTILITIES LTD
650 _aPUBLIC AUTHORITY
650 _aSTATUTORY UNDERTAKERS
650 _aNUISANCE
650 _aFLOODING
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
650 _aWATER INDUSTRY ACT 1991
650 _aHUMAN RIGHTS ACT 1998
650 _aRYLANDS V FLETCHER
650 _aNEGLIGENCE
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://www.parliament.the-stationery-office.co.uk/pa/ld200304/ldjudgmt/jd031204/marcic-1.htm
_zView judgment on the UK Parliament website...
942 _n0
999 _c73933
_d73933