Raglan Housing Association v Southhampton City Council & Anor [2006] EWCA Civ 1567 (24 October 2006)

There is a serious question to be tried as to whether the judge applied the correct legal test for determining if a natural watercourse has become a sewer; permission to appeal is granted to resolve this issue.

Citation: [2006] EWCA Civ 1567
Parties: Claimant/respondent: Raglan Housing Association; First Defendant: Southampton City Council; Second Defendant/applicant: Southern Water Services Ltd
Jurisdiction: England and Wales
Judgment Date: 24 October 2006
Procedural Posture: Civil Appeal / Permission to Appeal Granted
Outcome: Permission to appeal granted
Legal Topics: Sewers and Watercourses, Statutory Interpretation, Public Authority Liability

Property Law Administrative Law Environmental Law Sewers and Watercourses Statutory Interpretation Public Authority Liability

Case Brief

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Parties

Raglan Housing Association

Claimant/respondent

Southampton City Council

First Defendant

Southern Water Services Ltd

Second Defendant/applicant

Procedural Posture

Civil Appeal / Permission to Appeal Granted

Legal Issues

1 Whether the culvert is a sewer or a watercourse
2 Whether Southern Water Services Ltd has statutory responsibility to maintain the culvert
3 Correct legal test for transformation of a natural watercourse into a sewer

Ratio Decidendi

Court Disposition

Permission to appeal granted

Orders

Matter to be referred to the Court of Appeal Mediation Scheme before further litigation proceeds