Thames Water Utilities Ltd v London Underground Ltd [2004] EWCA Civ 615 (18 May 2004)

Thames Water Utilities Ltd v London Underground Ltd [2004] EWCA Civ 615 (18 May 2004)

Section 101 of the New Roads and Street Works Act 1991 operates to displace the compensation provisions of the London Underground Acts 1992 and 1993, so far as they relate to street works, and the 1991 Act and its regulations provide the applicable compensation regime. The works in question were 'street works' within the meaning of the 1991 Act, and no contrary intention appears in the later Acts to preserve the earlier compensation provisions.

Citation
[2004] EWCA Civ 615
Parties
Claimant/appellant: Thames Water Utilities Limited; Defendant/respondent: London Underground Limited
Jurisdiction
England and Wales
Judgment Date
18 May 2004
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Statutory Construction of Compensation Regimes, Interaction of General and Special Statutes, Street Works and Major Transport Works, Effect of Legislative Chronology on Statutory Rights
Statutory Interpretation Public Utilities Law Compensation Law Statutory Construction of Compensation Regimes Interaction of General and Special Statutes Street Works and Major Transport Works Effect of Legislative Chronology on Statutory Rights

Case Brief

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Parties

Thames Water Utilities Limited

Claimant/appellant

London Underground Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Preliminary Issue

Legal Issues

  1. 1 Which statutory regime governs compensation for disturbance to sewers caused by Jubilee Line Extension works: the New Roads and Street Works Act 1991 or the London Underground Acts 1992 and 1993?
  2. 2 Does section 101 of the 1991 Act displace the compensation provisions incorporated by the 1992 and 1993 Acts?

Ratio Decidendi

Section 101 of the New Roads and Street Works Act 1991 operates to displace the compensation provisions of the London Underground Acts 1992 and 1993, so far as they relate to street works, and the 1991 Act and its regulations provide the applicable compensation regime. The works in question were 'street works' within the meaning of the 1991 Act, and no contrary intention appears in the later Acts to preserve the earlier compensation provisions.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs of the appeal, to be assessed if not agreed
  • Application for leave to appeal to the House of Lords refused