Dobson & Ors v Thames Water Utilities Ltd & Anor

Dobson & Ors v Thames Water Utilities Ltd & Anor

Claims by the claimants regarding odours and mosquitoes from Mogden STW are, in substance, seeking to enforce duties under s.94(1)(b) WIA 1991. The principle in Marcic precludes claims in nuisance, negligence, or under the HRA where adjudication would conflict with the statutory scheme, except where the claim is based on operational negligence or physical mismanagement not involving policy or capital expenditure decisions. Damages for nuisance are to be assessed by diminution in letting value or, if impracticable, by general loss of amenity. Limitation periods for HRA claims are subject to equitable extension, considering individual and group circumstances.

Parties
Claimants: Hanifa Dobson et al; Defendant: Thames Water Utilities Limited; Intervener: The Water Services Regulation Authority (Ofwat)
Jurisdiction
England and Wales
Judgment Date
24 August 2007
Procedural Posture
Group Litigation Order (glo) Civil Claim / Preliminary Issues Judgment
Outcome
Preliminary issues determined; claims in nuisance, negligence, and under HRA not wholly precluded—operational negligence claims may proceed; guidance on damages and limitation provided.
Legal Topics
Nuisance, Negligence, Statutory Duties of Sewerage Undertakers, Human Rights Act 1998, Water Industry Act 1991, Damages, Limitation, Remedies, Statutory Interpretation
Environmental Law Tort Law Human Rights Law Administrative Law Nuisance Negligence Statutory Duties of Sewerage Undertakers Human Rights Act 1998 +5 more

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Parties

Hanifa Dobson et al

Claimants

Thames Water Utilities Limited

Defendant

The Water Services Regulation Authority (Ofwat)

Intervener

Procedural Posture

Group Litigation Order (glo) Civil Claim / Preliminary Issues Judgment

Legal Issues

  1. 1 Whether claimants are seeking to enforce duties under section 94(1)(b) WIA 1991 regarding odours and mosquitoes from Mogden STW
  2. 2 Whether claims in nuisance, negligence, or under the HRA are precluded by the statutory scheme and the principle in Marcic
  3. 3 Scope of claims involving allegations of negligence or operational failings

Ratio Decidendi

Claims by the claimants regarding odours and mosquitoes from Mogden STW are, in substance, seeking to enforce duties under s.94(1)(b) WIA 1991. The principle in Marcic precludes claims in nuisance, negligence, or under the HRA where adjudication would conflict with the statutory scheme, except where the claim is based on operational negligence or physical mismanagement not involving policy or capital expenditure decisions. Damages for nuisance are to be assessed by diminution in letting value or, if impracticable, by general loss of amenity. Limitation periods for HRA claims are subject to equitable extension, considering individual and group circumstances.

Court Disposition

Preliminary issues determined; claims in nuisance, negligence, and under HRA not wholly precluded—operational negligence claims may proceed; guidance on damages and limitation provided.

Orders

  • Claimants are precluded from bringing claims in nuisance absent negligence by reason of Marcic.
  • Claims in nuisance, negligence, or under HRA involving operational negligence may proceed if not inconsistent with the statutory scheme.