BT PLC v Anglian Water Services Ltd

BT PLC v Anglian Water Services Ltd

On the balance of probabilities, the Defendant's water apparatus caused damage to the Claimant's duct during street works. The Claimant is entitled to recover expenses reasonably incurred in making good the damage, including overhead costs, under section 82(1) and section 96(1) of the New Roads and Street Works Act 1991. The claim is not time-barred, as the cause of action accrues when the expense is incurred, following Yorkshire Electricity Board v. British Telecommunications plc.

Parties
Claimant: British Telecommunications PLC; Defendant: Anglian Water Services Ltd
Jurisdiction
England and Wales
Judgment Date
25 March 2025
Procedural Posture
Civil Claim / Judgment
Outcome
Judgment for the Claimant
Legal Topics
Liability for Damage to Apparatus, Statutory Interpretation, Limitation Period, Recovery of Overhead Costs
Tort Statutory Compensation Utilities Law Liability for Damage to Apparatus Statutory Interpretation Limitation Period Recovery of Overhead Costs

Case Brief

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Parties

British Telecommunications PLC

Claimant

Anglian Water Services Ltd

Defendant

Procedural Posture

Civil Claim / Judgment

Legal Issues

  1. 1 Whether the Defendant's water apparatus caused damage to the Claimant's duct
  2. 2 Whether the Claimant is entitled to compensation under section 82(1) of the New Roads and Street Works Act 1991
  3. 3 Whether the claim is time-barred under section 9 of the Limitation Act 1980

Ratio Decidendi

On the balance of probabilities, the Defendant's water apparatus caused damage to the Claimant's duct during street works. The Claimant is entitled to recover expenses reasonably incurred in making good the damage, including overhead costs, under section 82(1) and section 96(1) of the New Roads and Street Works Act 1991. The claim is not time-barred, as the cause of action accrues when the expense is incurred, following Yorkshire Electricity Board v. British Telecommunications plc.

Court Disposition

Judgment for the Claimant

Orders

  • The Defendant shall pay the sum claimed to the Claimant.