Severn Trent Water Ltd v Coal Authority [2004] EWLands LCA_38_1999 (14 April 2004)

Severn Trent Water Ltd v Coal Authority [2004] EWLands LCA_38_1999 (14 April 2004)

STW failed to demonstrate it could not reasonably have been expected to acquire the requisite knowledge of subsidence damage more than six years before serving notice, given the facts observable or ascertainable and the operational approach adopted. The limitation period bars the claims.

Citation
[2004] EWLands LCA_38_1999
Parties
Claimant: Severn Trent Water Limited; Compensating Authority: The Coal Authority
Jurisdiction
England and Wales
Judgment Date
14 April 2004
Procedural Posture
Compensation Claim for Mining Subsidence Damage / Decision on Preliminary Limitation Issue
Outcome
Claims statute-barred; claimant not entitled to compensation
Legal Topics
Mining Subsidence, Statutory Limitation, Burden of Proof, Constructive Knowledge
Property Law Statutory Compensation Limitation Mining Subsidence Statutory Limitation Burden of Proof Constructive Knowledge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Severn Trent Water Limited

Claimant

The Coal Authority

Compensating Authority

Procedural Posture

Compensation Claim for Mining Subsidence Damage / Decision on Preliminary Limitation Issue

Legal Issues

  1. 1 Whether claimant had knowledge required for founding a claim under s.3(4) Coal Mining Subsidence Act 1991 more than six years before notice was given
  2. 2 Interpretation of 'constructive knowledge' provisions under s.3(4)-(5)
  3. 3 Burden of proof under limitation provisions

Ratio Decidendi

STW failed to demonstrate it could not reasonably have been expected to acquire the requisite knowledge of subsidence damage more than six years before serving notice, given the facts observable or ascertainable and the operational approach adopted. The limitation period bars the claims.

Court Disposition

Claims statute-barred; claimant not entitled to compensation

Orders

  • Claims dismissed as out of time under Coal Mining Subsidence Act 1991 s.3