Council to refund tenants £28.6m after High Court water overcharging ruling – Local Government Lawyer

Posted June 9th, 2016 in compensation, local government, news, water by sally

‘The London Borough of Southwark has decided to repay 48,000 current and former tenants £28.6m following a High Court ruling earlier this year that it had overcharged for water and sewerage for 12 years.’

Full story

Local Government Lawyer, 9th June 2016

Source: www.localgovernmentlawyer.co.uk

Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

Full story

Nearly Legal, 25th May 2016

Source: www.nearlylegal.co.uk

New drainage guidance for lawyers published – Legal Futures

‘New guidance is released today [24 May] for lawyers on drainage requirements for new build developments.’

Full story

Legal Futures, 24th May 2016

Source: www.legalfutures.co.uk

New flood protections give rise to conveyancing fears – Law Society’s Gazette

Posted April 5th, 2016 in conveyancing, insurance, news, water by sally

‘New flood protections for homeowners will make the conveyancing process more complex, solicitors have been warned.’

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Law Society’s Gazette, 4th April 2016

Source: www.lawgazette.co.uk

Nor any drop to drink – Nearly Legal

‘Jones v London Borough of Southwark [2016] EWHC 457 (Ch). Quite a lot of councils have agreements with water suppliers under which the council will collect water charges from their tenants, effectively as an addition to the rent. This case concerned a challenge to the nature and validity of Southwark’s agreement, at least before 2013.’

Full story

Nearly Legal, 5th March 2016

Source: www.nearlylegal.co.uk/blog/

Court rules council overcharged 37,000 tenants for water and sewerage – Local Government Lawyer

Posted March 7th, 2016 in housing, landlord & tenant, local government, news, rates, sewerage, utilities, water by tracey

‘A London borough has overcharged approximately 37,000 tenants for water and sewerage services, a High Court judge has ruled.’

Full story

Local Government Lawyer, 4th March 2016

Source: www.localgovernmentlawyer.co.uk

On Flooding and Abstraction – Falcon Chambers

Posted February 23rd, 2016 in drafting, interpretation, news, water by sally

‘It is reassuring to know that someone, somewhere, has taken the time and effort to apply precision and ingenuity of parliamentary draftsmanship in order to define, at least for the purposes of the FWMA 2010 if no other, what is meant by a flood (and what is not).’

Full story

Falcon Chambers, 26th January 2016

Source: www.falcon-chambers.com

Water cannon decision delayed until after election – Daily Telegraph

Posted March 12th, 2015 in delay, London, news, police, water, weapons by sally

‘Theresa May postpones ruling on whether Boris Johnson, the London Mayor, can use three machines already purchased by Metropolitan Police.’

Full story

Daily Telegraph, 11th March 2015

Source: www.telegraph.co.uk

Nottinghamshire Police detained child without food or water – BBC News

Posted February 11th, 2015 in children, detention, food, mental health, news, police, water, young persons by sally

‘A 16-year-old girl was held in police custody for almost two days without food or water, a report has found.’

Full story

BBC News, 11th February 2015

Source: www.bbc.co.uk

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London – WLR Daily

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London [2014] EWHC 3868 (Admin); [2014] WLR (D) 517

‘The purpose of the Reservoirs Act 1975 was not to mitigate the effect of water escape from large raised reservoirs but rather to prevent such escape and to avert the potential danger to persons and property from an escape.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

Bwlchyllan lake battle set to end after 20 years – BBC News

Posted October 9th, 2013 in enforcement notices, fines, health & safety, local government, news, planning, water by sally

“A farmer is set to win a 20-year-long legal battle for planning permission for a large lake on his land.”

Full story

BBC News, 9th October 2013

Source: www.bbc.co.uk

Leylandii row: man wins appeal after spraying hedge-cutting neighbour with hosepipe – Daily Telegraph

Posted July 23rd, 2013 in appeals, assault, compensation, costs, fines, news, water by tracey

“A man who sprayed water in the face of his neighbour as she trimmed a Leylandii hedge has had a conviction of battery overturned on appeal after a judge ruled it was an accident.”

Full story

Daily Telegraph, 22nd July 2013

Source: www.telegraph.co.uk

Water part of contamination land definition is changed – OUT-LAW.com

Posted April 11th, 2012 in environmental protection, news, planning, pollution, water by sally

“The statutory contaminated land regime has changed, with the principal change being to the definition of contaminated land. The changes took effect on 6 April.”

Full story

OUT-LAW.com, 11th April 2012

Source: www.out-law.com

Landlords could become liable for tenants’ unpaid water bills under Government plans – OUT-LAW.com

Posted January 24th, 2012 in consultations, landlord & tenant, news, water by sally

“Landlords could become liable for their tenants’ unpaid water bills if they fail to supply the details of those tenants to the water company, the Government has said.”

Full story

OUT-LAW.com, 24th January 2012

Source: www.out-law.com

Court rejects fluoride challenge – The Independent

Posted February 11th, 2011 in health, judicial review, local government, news, water by sally

“A local health authority’s plans for the fluoridation of a city’s tap water was not unlawful, the High Court ruled today.”

Full story

The Independent, 11th February 2011

Source: www.independent.co.uk

Criminal inquiry into Eastbourne lake sewage leak – BBC News

Posted October 15th, 2010 in environmental protection, news, waste, water by sally

“A criminal investigation is under way following a major sewage leak which threatened fish at an East Sussex lake.”

Full story

BBC News, 15th October 2010

Source: www.bbc.co.uk

Clay company fined for polluting Dartmoor stream – BBC News

“A clay company has been fined for polluting a stream on the edge of Dartmoor in Devon.”

Full story

BBC News, 9th July 2010

Source: www.bbc.co.uk

Flood and Water Management Act 2010

Posted April 12th, 2010 in environmental protection, legislation, water by sally

Flood and Water Management Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Wallis v Bristol Water Plc – WLR Daily

Posted December 17th, 2009 in contamination, law reports, statutory interpretation, water by sally

Wallis v Bristol Water Plc [2009] WLR (D) 362

“For a water undertaker to prove that a water fitting had been connected by a person in such a manner that it was “likely to cause contamination” of water supplied by the water undertaker pursuant to reg 3(2) of the Water Supply (Water Fittings ) Regulations 1999 the water undertaker had to show that there was a real possibility that the manner of connection of the water fitting would cause contamination.”

WLR Daily, 14th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) – WLR Daily

Posted December 14th, 2009 in law reports, sewerage, water by sally

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13; [2009] WLR (D) 360

“S 106 of the Water Industry Act 1991 gave a property developer a right to connect its private sewer to the public sewer at a point of its choosing even though such a connection would overload the capacity of the sewer as it currently existed.”

WLR Daily, 11th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.