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.

  • Cargill v Gotts
    • Court of Appeal
    • 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
    • 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.

  • 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.

    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.

  • Rochdale Borough Council v Dixon
    • Court of Appeal
    • 20 Oct 2011

    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.

  • 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
    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
  • Water wars?
    • Núm. 483, Abril - Abril 2009
    • New African
    ...I write in response to the current coverage on Somalia. It appears that the world media is incapable of adding two and two to make four. On the one hand, we have countless reports on water shortages, global warming and flooding. On the other, we ha......
  • Cool water.
    • Núm. 427, Noviembre 2011
    • The Middle East
    ...The office water cooler is turning green. By generating water at the point of demand, the system eliminates the transport of plastic containers and the energy required for it. Pioneered by Liquid of Life, it uses simple technology, mirroring the proc......
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Law Firm Commentaries
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