header-logo header-logo

08 February 2007
Issue: 7259 / Categories: Case law , Law digest
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll