Sheffield City Council v Yorkshire Water Services Ltd and Another (and 16 related actions)
| Jurisdiction | England & Wales |
| Judgment Date | 17 May 1990 |
| Date | 17 May 1990 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Sir Nicolas Browne-Wilkinson, Vice-Chancellor
Water authorities - no council interest in property
Properties originally owned by a local authority for the purpose of performing its statutory functions for the supply of water and disposal of sewage were fully transferred to and vested in the water authority that took over those functions under legislation which came into effect on April 1, 1974.
Accordingly, the local authority could not argue that it retained any beneficial interest in those properties that entitled it to payment or compensation from a private company which was the water authority's successor in title and the present owner of the properties.
Sir Nicolas Browne-Wilkinson, Vice-Chancellor, so held on a preliminary issue heard by agreement of the parties on a summons by the defendants, Yorkshire Water Services Ltd and Yorkshire Water Authority (a body corporate), to strike out as vexatious the claim of Sheffield City Council for a declaration, inter alia, that prior to September 1, 1989 the Yorkshire Water Authority held certain land for the purpose of performing its statutory functions under the Water Act 1973 for Sheffield City Council beneficially subject to the right of the water authority to use the land for those purposes.
There were 16 other actions all raising the same point in which each plaintiff was a local authority which prior to April 1, 1974 had provided water and sewerage services in its area.
Those parties were: Hastings Borough Council v Southern Water Services Ltd and Southern Water Authority;Southampton City Council v Southern Water Services Ltd and Southern Water Authority;Nottingham City Council v Severn Trent Water Ltd and Severn-Trent Water Authority;Newport Borough Council v Dwr Cymru Cyfyngedig and Welsh Water Authority;Kingston upon Hull City Council v Yorkshire Water Services Ltd and Yorkshire Water Authority;Exeter City Council v South West Water Services Ltd and South West Water Authority;Doncaster Borough Council v Yorkshire Water Services Ltd and Yorkshire Water Authority;Doncaster Borough Council v Severn Trent Water Ltd and Severn-Trent Water Authority;Birmingham City Council v Severn Trent Water Ltd and Severn-Trent Water Authority;Birmingham City Council v Dwr Cymru Cyfyngedig and Welsh Water Authority;Epsom and...
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