000 01685cam a2200253 4500
001 ABS67373
008 031215n2003 000 0 eng u
035 _a(Sirsi) u124622
245 _aTransco plc v Leicestershire County Council
260 _c2003
520 _a[2003] EWCA Civ 1524, 4 November 2003. Appeal by defendant (T) against HC decision ([2003] EWHC 709 (QB), unreported) relating to the liability of T as a statutory undertaker in respect of late completion of under street works to gas pipes. The CA considered T's liability under the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001 as laid down in the New Roads and Street Works Act 1991 as amended by the Transport Act 2000. Particular reference is made to the regulations governing the determination of what is a reasonable period."Held": that the presumption in Reg 5(6) of the 2001 Regulations deeming works to continue until a works clear or works closed notice had been given only applied to remedial works. Moreover, the presumption was rebuttable and not conclusive. View at www.bailii.org.
590 _aABS
650 _aTRANSCO PLC V LEICESTERSHIRE CC
650 _aSTREET WORKS
650 _aSTREET WORKS (CHARGES FOR UNREASONABLY PROLONGED OCCUPATION OF THE HIGHWAY) (ENGLAND) REGULATIONS 2001
650 _aNEW ROADS AND STREET WORKS ACT 1991
650 _aTRANSPORT ACT 2000
650 _aREMEDIAL WORKS
650 _aSTATUTORY REQUIREMENTS
650 _aGAS PIPES
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2003/1524.html
_zView judgment on the bailii website
942 _n0
999 _c73959
_d73959