Thames Water Utilities Ltd v Richardson & Ors [2000] EWCA Civ 316 (8 December 2000)

Thames Water Utilities Ltd v Richardson & Ors [2000] EWCA Civ 316 (8 December 2000)

The agreement between BWB and the Estate was discharged by mutual consent in March 1973, and no extant agreement displaced the statutory liability of the occupiers for water charges. Therefore, Thames was entitled to recover charges from the defendants as occupiers under s.144 of the Water Industry Act 1991.

Citation
[2000] EWCA Civ 316
Parties
Claimant: Thames Water Utilities Ltd.; First Defendant: Mr Richardson; Second Defendant: Dr Weaver; Third Defendant: Mr Codling (by personal representatives)
Jurisdiction
England and Wales
Judgment Date
08 December 2000
Procedural Posture
Civil Appeal / Appeal From High Wycombe County Court Judgment
Outcome
Appeal allowed
Legal Topics
Liability for Water Charges, Discharge of Contract by Agreement, Statutory Duties of Water Undertakers, Occupier Liability for Utilities
Water Law Contract Law Statutory Interpretation Liability for Water Charges Discharge of Contract by Agreement Statutory Duties of Water Undertakers Occupier Liability for Utilities

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Parties

Thames Water Utilities Ltd.

Claimant

Mr Richardson

First Defendant

Dr Weaver

Second Defendant

Mr Codling (by personal representatives)

Third Defendant

Procedural Posture

Civil Appeal / Appeal From High Wycombe County Court Judgment

Legal Issues

  1. 1 Whether an agreement existed between BWB and the Estate displacing occupiers' liability for water charges under statute
  2. 2 Whether any such agreement was discharged by mutual consent prior to the relevant period

Ratio Decidendi

The agreement between BWB and the Estate was discharged by mutual consent in March 1973, and no extant agreement displaced the statutory liability of the occupiers for water charges. Therefore, Thames was entitled to recover charges from the defendants as occupiers under s.144 of the Water Industry Act 1991.

Court Disposition

Appeal allowed

Orders

  • Judgment below set aside
  • Defendants to pay costs in the court below