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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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