Raglan Housing Association v Southhampton City Council & Anor

Raglan Housing Association v Southhampton City Council & Anor

There is a serious question to be tried as to whether the judge applied the correct legal test in determining if the culvert had become a sewer, focusing on physical changes rather than the nature of the flow, thus permission to appeal is granted.

Parties
Claimant/respondent: Raglan Housing Association Ltd; 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 After Refusal on Papers
Outcome
Permission to appeal granted
Legal Topics
Statutory Interpretation, Responsibility for Maintenance of Watercourses, Definition of Sewer and Watercourse
Water Law Administrative Law Property Law Statutory Interpretation Responsibility for Maintenance of Watercourses Definition of Sewer and Watercourse

Case Brief

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Parties

Raglan Housing Association Ltd

Claimant/respondent

Southampton City Council

First Defendant

Southern Water Services Ltd

Second Defendant/applicant

Procedural Posture

Civil Appeal / Permission to Appeal Granted After Refusal on Papers

Legal Issues

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

Ratio Decidendi

There is a serious question to be tried as to whether the judge applied the correct legal test in determining if the culvert had become a sewer, focusing on physical changes rather than the nature of the flow, thus permission to appeal is granted.

Court Disposition

Permission to appeal granted

Orders

  • Applicant to refer the matter to the Court of Appeal Mediation Scheme and seek consent of other parties before further litigation