Beaumont v Herefordshire Council & Anor [2001] EWCA Civ 1167 (18 June 2001)

Beaumont v Herefordshire Council & Anor [2001] EWCA Civ 1167 (18 June 2001)

The judge erred in law by holding that statutory consent under the Water Resources Act 1991 rendered an action in nuisance impossible; Section 100 preserves the right to bring a civil action notwithstanding such consent.

Citation
[2001] EWCA Civ 1167
Parties
Claimant/applicant: Peter Anthony Beaumont; Defendant/respondent: Herefordshire Council; Defendant/respondent: Leominster Marches Housing Association
Jurisdiction
England and Wales
Judgment Date
18 June 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Nuisance, Statutory Consent, Water Resources Act 1991
Environmental Law Tort Law Nuisance Statutory Consent Water Resources Act 1991

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Anthony Beaumont

Claimant/applicant

Herefordshire Council

Defendant/respondent

Leominster Marches Housing Association

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether statutory consent under the Water Resources Act 1991 is an absolute defence to a claim in nuisance
  2. 2 Whether the judge erred in refusing an adjournment to allow the claimant to address the statutory consent issue

Ratio Decidendi

The judge erred in law by holding that statutory consent under the Water Resources Act 1991 rendered an action in nuisance impossible; Section 100 preserves the right to bring a civil action notwithstanding such consent.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed