Thames Water Utilities Ltd v Hampstead Homes (London) Ltd [2002] EWCA Civ 1487 (8 October 2002)

Thames Water Utilities Ltd v Hampstead Homes (London) Ltd [2002] EWCA Civ 1487 (8 October 2002)

On the facts, the 109 flats were new premises never previously connected to water or sewerage services, so the claimant was entitled to levy infrastructure charges for each flat under section 146(2) of the Water Industry Act 1991.

Citation
[2002] EWCA Civ 1487
Parties
Appellant/claimant: Thames Water Utilities Limited; Respondent/defendant: Hampstead Homes (London) Limited
Jurisdiction
England and Wales
Judgment Date
08 October 2002
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Infrastructure Charges, Water Industry Act 1991, Meaning of 'premises', Connection Charges, Building Conversion
Utilities Law Property Law Statutory Interpretation Infrastructure Charges Water Industry Act 1991 Meaning of 'premises' Connection Charges Building Conversion

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Parties

Thames Water Utilities Limited

Appellant/claimant

Hampstead Homes (London) Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether each new flat created by conversion constitutes 'premises' under section 146(2) of the Water Industry Act 1991 for the purpose of infrastructure charges
  2. 2 Whether infrastructure charges can be levied where the building as a whole was previously connected to water and sewerage services

Ratio Decidendi

On the facts, the 109 flats were new premises never previously connected to water or sewerage services, so the claimant was entitled to levy infrastructure charges for each flat under section 146(2) of the Water Industry Act 1991.

Court Disposition

Appeal allowed

Orders

  • Order of county court set aside and varied to judgment for claimant
  • No order for costs in relation to the trial below