Water in UK Law

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

  • Cargill v Gotts
    • Court of Appeal (Civil Division)
    • 18 December 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.

  • Marcic v Thames Water Utilities Ltd
    • House of Lords
    • 04 December 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.

  • British Waterways Board v Severn Trent Water Ltd
    • Court of Appeal (Civil Division)
    • 02 March 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 October 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
    • Nbr. 8-3, March 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
    • Nbr. 27-2, May 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...
  • Jill Robbie, Private Water Rights
    • Nbr. , September 2016
    • Edinburgh Law Review
    • 408-409
  • Water for peace? Post-conflict water resource management in Kosovo
    • Nbr. 52-2, June 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...
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Law Firm Commentaries
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