Nuisance

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2013] EWCA Civ 233, [2013] All ER (D) 290 (Mar)

The right conferred by s 106 of the Water Industry Act 1991 (WIA 1991) could not be invoked by the claimant as the basis of a cause of action in nuisance. The policy of the statute was clear: s 106 of WIA 1991 was not intended to confer a right to compensation for breach. If failure to perform a statutory duty did not give rise to a private right to sue for damages for breach it was difficult to see how it could provide the essential basis for a cause of action for damages in nuisance.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS

Read All

NLJ this week: When post-breach events rewrite damages claims

Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation

NLJ this week: Supreme Court redraws unfair prejudice rules

The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ

NLJ this week: ‘Joe Donor’ ruling exposes dangers of unregulated conception

The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week

NLJ this week: CILEX warns Mazur ruling must spark reform

The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ

NLJ this week: Conditional job offers carry hidden risks for employers

A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

Error message

Nuisance

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

Ellisons—Sarah Osborne

DWF—Chris Air