Dwr Cymru Cyfyngedig (Welsh Water) v Barratt Homes Ltd (Rev 1)

Dwr Cymru Cyfyngedig (Welsh Water) v Barratt Homes Ltd (Rev 1)

Section 106 of the Water Industry Act 1991 does not confer a private law right to compensation for breach, and the statutory scheme precludes claims in nuisance, trespass to goods, or negligence for economic loss arising from refusal to permit connection. The operative cause of Barratt's loss was the refusal to permit connection, not the blocking of the pipe, and the statutory framework does not support a parallel private law claim for damages.

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 / Court of Appeal Judgment
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Nuisance, Trespass to Goods, Negligence, Breach of Statutory Duty, Water Industry Act 1991, Compensation for Statutory Undertaker Actions
Statutory Interpretation Tort Law Nuisance Trespass to Goods Negligence Breach of Statutory Duty Water Industry Act 1991 Compensation for Statutory Undertaker Actions

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Parties

Dwr Cymru Cyfyngedig (Welsh Water)

Appellant (defendant)

Barratt Homes Limited

Respondent (claimant)

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a cause of action in nuisance, trespass to goods, or negligence exists for breach of section 106 Water Industry Act 1991 by a sewerage undertaker refusing connection
  2. 2 Whether the statutory scheme precludes private law claims for damages for breach of statutory duty under section 106
  3. 3 Causation of loss in nuisance and trespass claims arising from blocking of pipe

Ratio Decidendi

Section 106 of the Water Industry Act 1991 does not confer a private law right to compensation for breach, and the statutory scheme precludes claims in nuisance, trespass to goods, or negligence for economic loss arising from refusal to permit connection. The operative cause of Barratt's loss was the refusal to permit connection, not the blocking of the pipe, and the statutory framework does not support a parallel private law claim for damages.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • Claims in nuisance, trespass to goods, and negligence (except for physical damage to the pipe and its repair) struck out.
  • No cause of action in nuisance, trespass to goods, or negligence for economic loss arising from breach of section 106 Water Industry Act 1991.