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

    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

    I therefore conclude from an examination of the 1991 Act as a whole that the implication of a power to discharge is inconsistent with the provisions of that Act and cannot be justified. There is no cause to look at the predecessor legislation to this consolidation Act.

    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.

  • Rochdale Borough Council v Dixon
    • Court of Appeal (Civil Division)
    • 20 Oct 2011

    If, therefore, by arrangement with Rochdale, it was Rochdale who invoiced and collected those water charges, it could properly be said that Rochdale did so on behalf of UU.

    Indeed, I would include the simple preposition "for" as one of the possible meanings. Thus, even if perchance the ultimately correct analysis of the agreement were to be found not in agency, but, for instance, in the concept of assignment (if, indeed, the statutory claims of water undertakers on their customers can be assigned), it would seem to me that the arrangements still amounted to a collection and recovery of water charges "on behalf of" the water undertaker.

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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 ...
  • THE ECONOMICS OF WATER SUPPLY1
    • Núm. 2-2, Junio 1955
    • Scottish Journal of Political Economy
  • Speeding your water bills
    • Núm. 81-1, Enero 1981
    • Industrial Management & Data Systems
    • 36-39
    The Severn‐Trent Water Authority has an unusual data processing requirement — 2,000,000 bills have to be produced once a year in the space of a single month. Delays in production have a serious eff...
  • Water Regulation and Pre‐payment Meters
    • Núm. 25-4, Diciembre 1998
    • Journal of Law and Society
    This paper provides a study of the use of law to invoke and protect the interests of poorest consumers of the privatized water industry. It focuses upon the introduction of pre‐payment devices by w...
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Law Firm Commentaries
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