Higher fines for repeated corporate convictions more likely following Thames Water judgment, says expert – OUT-LAW.com

‘ Companies repeatedly convicted of regulatory offences should expect fines to be in the millions of pounds following a string of recent court cases.’

Full story

OUT-LAW.com, 22nd June 2015

Source: www.out-law.com

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English judge: persistent environmental offenders should expect ‘substantial’ fines – OUT-LAW.com

‘Companies that persistently breach environmental regulations should expect a “substantial increase” in fines levied for their second and subsequent offences, judges in the Court of Appeal have warned.’

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OUT-LAW.com, 12th June 2015

Source: www.out-law.com

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Water companies are public authorities and must therefore disclose environmental information – UK Human Rights Blog

‘Water and sewage utility companies are “public authorities” for the purposes of the environmental information regulations, and are bound by them accordingly, the Administrative Appeals Chamber of the Upper Tribunal has ruled.’

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UK Human Rights Blog, 16th April 2015

Source: www.ukhumanrightsblog.com

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Ofwat secures water infrastructure remedies from Bristol Water – Zenith Chambers

Posted April 2nd, 2015 in competition, news, water companies by sally

‘Ofwat has confirmed that Bristol Water has committed to change its procedures and structures to address an alleged abuse of dominance in the provision of water infrastructure.’

Full story (PDF)

Zenith Chambers, 1st April 2015

Source: www.zenithchambers.co.uk

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Quite like a whale – Panopticon

‘As my colleague Robin Hopkins has warned, the decision of the Upper Tribunal in Fish Legal looks like a pretty big beast: sixty pages on whether water companies are public authorities for the purposes of the Environmental Information Regulations, applying the CJEU’s lengthy ruling on the points of principle (for which, see this post by Chris Knight).’

Full story

Panopticon, 24th February 2015

Source: www.panopticonblog.com

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Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) – WLR Daily

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) [2014] UKSC 40; [2014] WLR (D) 291

‘Under the Water Industry Act 1991 sewerage undertakers were impliedly empowered to discharge surface water and other non-pollutant water into private watercourses to which they were already discharging at the time the Act came into force, but had no right to create new outfalls into such watercourses without the agreement of their owners.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

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The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) – Supreme Court

Posted July 3rd, 2014 in appeals, canals, law reports, sewerage, Supreme Court, trespass, water companies by sally

The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) [2014] UKSC 40 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Former landlords and s.20B LTA 1985 – NearlyLegal

Posted June 16th, 2014 in appeals, landlord & tenant, leases, news, service charges, water companies by sally

‘In Ground Rents (Regisport) Ltd v Dowlen [2014] UKUT 144 (LC), the Upper Tribunal (Lands Chamber) had to – once again – grapple with s.20B, Landlord and Tenant Act 1985. The facts are quite straightforward. Imagine, if you will, that there is a modern development of three blocks of flats. It was developed by Countryside Properties (UK) Ltd, who were also the original landlords under all the long leases. Once the leases had been created, the freehold was transferred to the appellant.’

Full story

NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

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Water, water everywhere… – NearlyLegal

“There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC).”

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NearlyLegal, 29th July 2013

Source: www.nearlylegal.co.uk

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Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) – WLR Daily

Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) [2013] EWCA Civ 233 ; [2013] WLR (D) 131

“The breach by a sewerage undertaker of its duty under section 106 of the Water Industry Act 1991 to permit connection of a private sewer to the public sewer did not give rise to a liability in nuisance.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

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Albion v Dwr Cymru: Incompetence and counterfactuals – Competition Bulletin from Blackstone Chambers

Posted April 2nd, 2013 in appeals, competition, damages, news, tribunals, water companies by sally

“The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in relation to the price it was prepared to charge Albion for the use of its water pipes.”

Full story

Competition Bulletin from Blackstone Chambers, 28th March 2013

Source: www.competitionbulletin.com

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Ruling on unintentional sewage leaks liability should lead firms to review prevention efforts, says expert – OUT-LAW.com

Posted March 28th, 2013 in licensing, news, sewerage, waste, water companies by tracey

“Companies responsible for the operation of the sewer networks in England and
Wales can be found criminally liable for unlicensed depositing of controlled
waste even where that deposit of waste is unintentional, the High Court has
ruled.”

Full story

OUT-LAW.com, 27th March 2013

Source: www.out-law.com

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Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (No 2) – WLR Daily

Posted March 26th, 2013 in environmental protection, law reports, sewerage, waste, water companies by sally

Regina (Thames Water Utilities Ltd) v Bromley Magistrates’ Court (No 2) [2013] EWHC 472 (Admin); [2013] WLR (D) 114

An unintended escape of sewage amounted to a “deposit” for the purpose of an offence under section 33(1)(a) of the Environmental Protection Act 1990.

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

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Water Industry (Financial Assistance) Act 2012 – legislation.gov.uk

Posted May 3rd, 2012 in legislation, water companies by sally

Water Industry (Financial Assistance) Act 2012 published

Full text of Act

Source: www.legislation.gov.uk

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Smells and mosquitoes but no extra damages under the Human Rights Act – UK Human Rights Blog

Posted January 3rd, 2012 in damages, human rights, negligence, news, nuisance, water companies by tracey

“An operator carrying out activities authorised by legislation is immune from common law nuisance liability unless the claimant can prove negligence. Any damages for such a nuisance will constitute ‘sufficient just satisfaction’ for the purpose of the Human Rights Act; even if breach of a Convention right is proved, no further remedy will be available.”

Full story

UK Human Rights Blog, 2nd January 2012

Source: www.ukhumanrightsblog.com

 

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Thames Water’s amnesty ad banned after it failed to honour promise – BBC News

Posted May 13th, 2011 in advertising, news, water companies by tracey

“A Thames Water radio advert has been banned after the firm failed to honour a promise not to back-date bills for people taking part in an amnesty.”

Full story

BBC News, 12th May 2011

Source: www.bbc.co.uk

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Thames Water pays £60k compensation after email blunder – Daily Telegraph

Posted October 29th, 2010 in compensation, consumer protection, news, utilities, water companies by sally

“Thames Water has agreed to pay £60,000 in compensation to customers after it admitted ignoring thousands of complaints following an email blunder.”

Full story

Daily Telegraph, 29th October 2010

Source: www.telegraph.co.uk

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Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWCA Civ 887; [2010] WLR (D) 200

“In order to avoid absurdity, s 81 of the New Roads and Street Works Act 1991 and regs 3 and 4 of the Street Works (Maintenance) Regulations 1992 had to be given a purposive interpretation, meaning that the power of a street authority to undertake emergency works under reg 4 was conditional upon an inspection having been undertaken under reg 3 only where appropriate.”

WLR Daily, 28th July 2010

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.

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Water companies told to spend less and pass benefit to customers – The Times

Posted July 24th, 2009 in news, water companies by sally

“Britain’s water companies were ordered yesterday to slash 4 per cent from their bills by 2015 in a rare piece of good news for millions of hard-pressed consumers.”

Full story

The Times, 24th July 2009

Source: www.timesonline.co.uk

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Severn Trent to pay £2m over false leak data – The Times

Posted July 2nd, 2008 in news, utilities, water companies by sally

“Severn Trent, the UK’s second largest water company, was today fined £2 million at the Old Bailey for misreporting leakage information in a case brought by the Serious Fraud Office (SFO).”

Full story

The Times, 1st July 2008

Source: www.timesonline.co.uk

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