New Acts – legislation.gov.uk

Posted May 24th, 2018 in data protection, energy, legislation, utilities by tracey

Data Protection Act 2018

Smart Meters Act 2018

Source: www.legislation.gov.uk

High-speed broadband to be legal right for UK homes and businesses – The Guardian

Posted December 20th, 2017 in internet, news, utilities by sally

‘British homes and businesses will have a legal right to high-speed broadband by 2020, the government has announced, dismissing calls from the network provider BT that it should be a voluntary rather than legal obligation on providers.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

Legal costs capped for those who can’t pay energy bills – The Guardian

Posted November 10th, 2017 in costs, debts, news, utilities, warrants by tracey

‘Gas and electricity customers who have fallen so far behind with their payments that they are forced to have a prepayment meter, are to have their court and legal charges capped at £150 by the energy regulator.’

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The Guardian, 10th November 2017

Source: www.theguardian.com

Appeal judges uphold indemnity costs order in “long and acrimonious” neighbour dispute – Litigation Futures

Posted August 16th, 2017 in appeals, costs, dispute resolution, indemnities, judges, news, part 36 offers, utilities by sally

‘The Court of Appeal has backed the order of indemnity costs against a retired couple involved in a battle over access to gas and electricity meters, who “had not come to court to assist the court in resolving the dispute but to assist themselves”.’

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Litigation Futures, 15th August 2017

Source: www.litigationfutures.com

‘Bombastic’ pensioners could lose their home after £200,000 legal battle over shared gas meter – Daily Telegraph

Posted July 26th, 2017 in easements, news, utilities by sally

‘In elderly couple described as “troublemaking” and “bombastic” face giving up their home after losing a £200,000 legal fight to prevent neighbours accessing a shared utilities meter.’

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Daily Telegraph, 25th July 2017

Source: www.telegraph.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.’

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Local Government Lawyer, 4th March 2016

Source: www.localgovernmentlawyer.co.uk

Illegal counterfactuals: bringing in new claims by the backdoor? – Competition Bulletin from Blackstone Chambers

Posted February 24th, 2016 in banking, competition, damages, illegality, news, utilities by sally

‘It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain unlawful elements: see e.g. Albion Water Ltd v Dwr Cymru [2013] CAT 6. In a normal case, C will claim damages, arguing – let’s say – that D abused a dominant position by imposing discriminatory prices. D defends the claim on the basis that, absent any abuse, it would have set prices at a certain (high) level. C replies that those prices too would have been discriminatory – i.e. the counterfactual is inappropriate.’

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Competition Bulletin from Blackstone Chambers, 24th February 2016

Source: www.competitionbulletin.com

Freedom of information: round-up – Law Society’s Gazette

‘Transparency and openness for local authorities does not just mean disclosing information under the Freedom of Information Act 2000 (FoI). Section 3 of the Local Government, Planning and Land Act 1980 gives the secretary of state the power to issue a code of practice about the publication of information by local authorities relating to the discharge of their functions.’

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Law Society’s Gazette, 13th April 2015

Source: www.lawgazette.co.uk

Not So Alarming – Nearly Legal

‘There are new provisions requiring smoke and carbon monoxide detectors in residential properties.’

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Nearly Legal, 24th March 2015

Source: www.nearlylegal.co.uk

Teather’s Tether – Will the Tenancies (Reform) Bill be a sticker? – Zenith Chambers

Posted September 24th, 2014 in bills, housing, landlord & tenant, news, utilities by sally

‘Aided by a campaign from Shelter to put an end to “retaliatory eviction” in the private rented sector, Sarah Teather MP introduced a private members bill on 3rd July 2014. This is to address the situation where a tenant, making a legitimate complaint that rented premises are in a state of disrepair, is immediately met with a s. 21 notice and the accelerated procedure for possession. Rather than face up to their responsibilities, or risk a challenge in rent possession proceedings by way of defence and counterclaim for damages for disrepair, unscrupulous landlords choose simply to evict the tenant using the swift and final “no fault” route to possession.’

Full story (PDF)

Zenith Chambers, 12th September 2014

Source: www.zenithchambers.co.uk

EDF to pay £3m in compensation after Ofgem inquiry – The Guardian

Posted August 22nd, 2014 in compensation, complaints, consumer protection, inquiries, news, utilities by tracey

‘EDF Energy is to pay out £3m to benefit “vulnerable customers” after an investigation by the energy industry watchdog Ofgem found that the company had breached complaint handling rules.’

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The Guardian, 22nd August 2014

Source: www.guardian.co.uk

The UT Repays Again – NearlyLegal

Posted July 7th, 2014 in appeals, landlord & tenant, licensing, news, rent, repayment, tribunals, utilities by sally

The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.

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NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

What is a “public authority” for the purposes of environmental information? – UK Human Rights Blog

Posted September 18th, 2013 in disclosure, EC law, freedom of information, human rights, news, utilities by sally

“In this most recent case concerning access by private individuals to environmental information held by public authorities, the AG grasps the nettlish question of what precisely a public authority is. The issue was a subject of debate because the request for information had been addressed to private companies which manage a public service relating to the environment. The question therefore was whether, even though the companies concerned are private, they may be regarded as ‘public authorities’ for the purposes of the Directive governing access to environmental information (Directive 2003/4).”

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UK Human Rights Blog, 17th September 2013

Source: www.ukhumanrightsblog.com

SSE fined record £10.5m by Ofgem over ‘prolonged and extensive’ mis-selling – The Guardian

Posted April 3rd, 2013 in energy, fines, news, unfair commercial practices, utilities by sally

“The utility giant SSE is to be fined £10.5m for ‘prolonged and extensive’ mis-selling in what will be the largest ever penalty imposed on an energy provider.”

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The Guardian, 3rd April 2013

Source: www.guardian.co.uk

Thames Water Utilities Ltd v Transport for London – WLR Daily

Posted January 23rd, 2013 in causation, law reports, negligence, nuisance, statutory duty, utilities by sally

Thames Water Utilities Ltd v Transport for London [2013] WLR (D) 15

“On the plain construction of regulation 19 of the Traffic Management Permit Scheme (England) Regulations 2007 a statutory undertaker could not avoid a criminal sanction where a person contracted to act on its behalf to undertake specified works in a specified street did so without a permit.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

Npower fined £2m by Ofgem – Daily Telegraph

Posted October 31st, 2011 in complaints, consumer protection, fines, news, utilities by sally

“Ofgem has handed npower a £2 million penalty for breaching regulations in handling customer complaints.”

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Daily Telegraph, 31st October 2011

Source: www.telegraph.co.uk

National Grid fined £8m by Ofgem for false claims over maintenance work – The Guardian

Posted January 7th, 2011 in fines, health & safety, news, utilities by sally

“A double fuse blew at National Grid today as it was fined £8m by energy regulator Ofgem for overclaiming on a maintenance programme, and its staff voted for industrial action over pay.”

Full story

The Guardian, 6th January 2011

Source: www.guardian.co.uk

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.”

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Daily Telegraph, 29th October 2010

Source: www.telegraph.co.uk

Dobson and Others v Thames Water Utilities Ltd – Times Law Reports

Posted April 3rd, 2009 in damages, law reports, nuisance, utilities by sally

Dobson and Others v Thames Water Utilities Ltd

Court of Appeal

“Where a court was considering an award of damages to an occupier of land for loss of amenity following transitory nuisance, the actual impact on the occupier would be relevant.”

The Times, 3rd April 2009

Source: www.timesonline.co.uk