Hertfordshire County Council v Veolia Water Central Ltd [2010] EWHC 278 (QB); [2010] WLR (D) 46
“The effect of regs 3 and 4 of the Street Works (Maintenance) Regulations 1992, when read with s 81 of the New Roads and Street Works Act 1991, was that an highway and street authority could not make a valid charge against a statutory undertaker for emergency works which the authority had carried out to secure apparatus for which the undertaker was responsible unless the undertaker had failed to afford the authority facilities to inspect the apparatus and unless the authority’s belief that the apparatus had not been maintained were informed by a subsidence or disturbance of the road surface.”
WLR Daily, 22nd February 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.
