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08 February 2007
Issue: 7259 / Categories: Case law , Law digest
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TORT

Aerospace Publishing Ltd v Thames Water Utilities [2007] EWCA Civ 3, [2007] All ER (D) 02 (Jan)

The defendant was a water undertaker for the purposes of the Water Industry Act 1991 (WIA 1991). One of its mains water pipes burst. A considerable quantity of the escaped water entered premises occupied by the claimants. In proceedings brought by the claimants, the defendant admitted liability pursuant to s 209, WIA 1991. One issue was whether the claimants could recover the cost of staff time.

HELD The fact and extent of the diversion of staff time must be properly established. If claimants do not adduce evidence which it would have been reasonable to adduce, they are at risk of a finding that this has not been established. The claimants also had to establish that the diversion had caused significant disruption to their businesses.

Even though it might be that strictly the claim should be cast in terms of a loss of revenue attributable to the diversion of staff time, despite this, in the ordinary case, unless the defendant could establish the contrary, it is reasonable for the court to infer from the disruption that, had their time not been thus diverted, the staff would have applied it to activities which would, directly or indirectly, have generated revenue in an amount at least equal to the costs for employing them during that time.

Issue: 7259 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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