Dwr Cymru Cyfyngedig (Welsh Water) v Barratt Homes Ltd (Rev 1) [2013] EWCA Civ 233 (27 March 2013)

Dwr Cymru Cyfyngedig (Welsh Water) v Barratt Homes Ltd (Rev 1) [2013] EWCA Civ 233 (27 March 2013)

The statutory scheme of the Water Industry Act 1991, specifically section 106, does not confer a private right to damages for breach, nor does it support parallel common law claims in nuisance, trespass to goods, or negligence for economic loss arising from refusal to permit connection or blocking of the pipe. The operative cause of Barratt's loss was the refusal to permit connection, not the physical act of blocking the pipe. Accordingly, the claims in nuisance, trespass to goods, and negligence (except for physical damage to the pipe itself) must be struck out.

Citation
[2013] EWCA Civ 233
Parties
Appellant (defendant): Dwr Cymru Cyfyngedig (Welsh Water); Respondent (claimant): Barratt Homes Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Nuisance, Trespass to Goods, Negligence, Breach of Statutory Duty, Water Industry Act 1991, Causation, Remedies, Private Law Claims Against Public Authorities
Tort Law Statutory Interpretation Public Utilities Law Nuisance Trespass to Goods Negligence Breach of Statutory Duty Water Industry Act 1991 +3 more

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Parties

Dwr Cymru Cyfyngedig (Welsh Water)

Appellant (defendant)

Barratt Homes Limited

Respondent (claimant)

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether Barratt has a cause of action in nuisance, trespass to goods, or negligence against Dwr Cymru for blocking a drainage pipe and refusing connection to the public sewer under section 106 of the Water Industry Act 1991.
  2. 2 Whether the statutory scheme of the Water Industry Act 1991 precludes private law claims for damages in these circumstances.
  3. 3 Whether the act of blocking the pipe was causally relevant to Barratt's alleged losses.

Ratio Decidendi

The statutory scheme of the Water Industry Act 1991, specifically section 106, does not confer a private right to damages for breach, nor does it support parallel common law claims in nuisance, trespass to goods, or negligence for economic loss arising from refusal to permit connection or blocking of the pipe. The operative cause of Barratt's loss was the refusal to permit connection, not the physical act of blocking the pipe. Accordingly, the claims in nuisance, trespass to goods, and negligence (except for physical damage to the pipe itself) must be struck out.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • Claims in nuisance, trespass to goods, and negligence (except for the cost of repairing or reinstating the pipe) are struck out.
  • No cause of action lies for damages for breach of statutory duty under section 106 of the Water Industry Act 1991.