Water into gas should not go – UK Human Rights Blog

Posted February 5th, 2018 in appeals, compensation, energy, news, repairs, water, water companies by sally

‘When the supply of gas to your house fails, you are entitled to compensation from the gas undertaker for the inconvenience. If that failure has been caused by another utility’s burst water main, the gas undertaker may seek to recoup its expenses for repair to its own infrastructure and the compensation it has had to pay out to consumers. A simple enough picture.’

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UK Human Rights Blog, 3rd February 2018

Source: ukhumanrightsblog.com

Alternative cremation option “on hold” – Law & Religion UK

Posted December 21st, 2017 in burials and cremation, news, regulations, water, water companies by tracey

‘On 18 December 2017 the BBC reported ‘Water cremation’ plans on hold over environmental fears following an earlier refusal* by Severn Trent Water to grant a trade effluent permit to Sandwell Council who wished to operate an alkaline hydrolysis plant (“resomation”) for the disposal of human remains.’

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Law & Religion UK, 21st December 2017

Source: www.lawandreligionuk.com

United Utilities fined £300,000 after water contamination scandal – Daily Telegraph

Posted October 11th, 2017 in contamination, fines, news, water, water companies by tracey

‘A water company has been fined £300,000 after admitting polluting the drinking water of more than 700,000 people.’

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Daily Telegraph, 10th October 2017

Source: www.telegraph.co.uk

Northern Waters – Nearly Legal

Posted April 25th, 2017 in contracts, housing, local government, news, rent, service charges, water, water companies by sally

‘Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The Water Resale Order 2006 in that charges for water it made as a part of the rent.’

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Nearly Legal, 23rd April 2017

Source: www.nearlylegal.co.uk

Thames Water fined £20m for sewage spill – BBC News

Posted March 23rd, 2017 in fines, news, pollution, sewerage, water companies by sally

‘Thames Water has been fined a record £20m after pumping nearly 1.5 billion litres of untreated sewage into the River Thames.’

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BBC News, 22nd March 2017

Source: www.bbc.co.uk

Southern Water fined record £2m for sewage leak on Kent beaches – The Guardian

Posted December 20th, 2016 in fines, news, pollution, sewerage, water companies by sally

‘Southern Water has been fined a record £2m for flooding beaches in Kent with raw sewage, leaving them closed to the public for nine days.’

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The Guardian, 19th December 2016

Source: www.guardian.co.uk

Off the scale: Sentencing very large companies for environmental crimes – Henderson Chambers

Posted July 27th, 2015 in environmental protection, news, pollution, sentencing, water companies by sally

‘Earlier this month judgment was handed down by the Court of Appeal in R v Thames Water Utilities Ltd [2015] EWCA Crim 960, examining what should be done when a corporate offender’s turnover is so large that it falls outside the scale set down in the sentencing guidelines. This is the first case of its kind to come before the Court of Appeal since publication of the Definitive Guideline for Environmental Offences by the Sentencing Council in July 2014. Rejecting Thames Water’s appeal against a £250,000 fine, the court said that fines levied against very large companies “had to bring home the appropriate message to the directors and shareholders of the company” and could go as high as 100% of pre-tax profits. ‘

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Henderson Chambers, June 2015

Source: www.hendersonchambers.co.uk

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.’

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OUT-LAW.com, 22nd June 2015

Source: www.out-law.com

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

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

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.’

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Zenith Chambers, 1st April 2015

Source: www.zenithchambers.co.uk

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).’

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Panopticon, 24th February 2015

Source: www.panopticonblog.com

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

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

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.’

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NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

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

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

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.”

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Competition Bulletin from Blackstone Chambers, 28th March 2013

Source: www.competitionbulletin.com

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

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OUT-LAW.com, 27th March 2013

Source: www.out-law.com

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