Water in UK Law

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Leading Cases
  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 Jun 1940

    A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society.

  • Marcic v Thames Water Utilities Ltd
    • House of Lords
    • 04 Dic 2003

    Part I of the Act makes provision for the office of Director General of Water Services. Commercial companies cannot be expected to take up appointments as sewerage undertakers unless there is a prospect of obtaining a reasonable rate of return on their invested capital. The Director is also required to protect the interests of customers of sewerage undertakers in respect of sewerage undertakers' drainage charges and in other respects.

    In my view the cause of action in nuisance asserted by Mr Marcic is inconsistent with the statutory scheme. Mr Marcic's claim is expressed in various ways but in practical terms it always comes down to this: Thames Water ought to build more sewers. This is the only way Thames Water can prevent sewer flooding of Mr Marcic's property. This is the only way because it is not suggested that Thames Water failed to operate its existing sewage system properly by not cleaning or maintaining it.

    The existence of a parallel common law right, whereby individual householders who suffer sewer flooding may themselves bring court proceedings when no enforcement order has been made, would set at nought the statutory scheme. It would effectively supplant the regulatory role the Director was intended to discharge when questions of sewer flooding arise.

  • Cargill v Gotts
    • Court of Appeal (Civil Division)
    • 18 Dic 1980

    I conclude that every abstraction of water by the plaintiff from Mill Pond after 30th June 1965 was illegal. It follows, in my judgment, that the plaintiff cannot rely on any abstraction of water carried out after 30th June 1965 in order to establish an easement by prescription. The court will not recognise an easement established by illegal activity. The 1963 Act, however, does not contain any provision which destroys an easement already acquired.

  • British Waterways Board v Severn Trent Water Ltd
    • Court of Appeal (Civil Division)
    • 02 Mar 2001

    Whether or not that premise could have been supported in the context of a public authority charged with functions imposed in the interests of public health, it cannot be supported, as it seems to me, in the context of legislation enacted following a decision to privatise the water industry.

  • Ministry of Defence v Thames Water Utilities Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 19 Ene 2006

    In circumstances where it can be shown that TW are charging by reference to a service which they have not, in fact, provided TW are in my judgment acting beyond their power. Section 142(1)(b) limits an undertaker's right to demand and recover charges from those to whom the undertaker has provided services. The Act does not permit an undertaker to charge a person to whom he provides no service or a lesser service than that for which it charges.

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Legislation
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Books & Journal Articles
  • Computer Room Water Protection
    • Núm. 8-3, Marzo 1990
    • Library Hi Tech
    • 47-52
    Water can enter computer rooms from numerous sources: air conditioners; roof, floor, and wall leaks; backed‐up floor drains; fire sprinklers; and so on. While insulated power and signal cables may ...
  • Global Water Issues Confronting Humanity
    • Núm. 27-2, Mayo 1990
    • Journal of Peace Research
    Water's central role in the biosphere implies that several of the large issues confronting humanity are in fact related to water: pollution, desertification, water scarcity-related conflicts, water...
  • Water for peace? Post-conflict water resource management in Kosovo
    • Núm. 52-2, Junio 2017
    • Cooperation and Conflict
    Water resource management (WRM) has increasingly come to be considered within the realm of peacebuilding. Through investigating the case of water resource management in Kosovo after 1999, this stud...
  • Water Management in Venezuela
    • Núm. 38-3, Septiembre 1972
    • International Review of Administrative Sciences
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Law Firm Commentaries
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