Southern Gas Networks Plc v Thames Water Utilities Ltd
FSG payments are not recoverable under Section 82(1)(b) NRSWA 1991 as they are not expenses incurred in making good damage to apparatus, but are regulatory compensation for supply interruption. Section 82 forms a complete code, precluding recovery of damages in negligence for the same subject matter.
- Parties
- Claimant: Southern Gas Networks Plc; Defendant: Thames Water Utilities Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 04 July 2016
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- Claim dismissed as to FSG payments; common law negligence claim excluded.
- Legal Topics
- Statutory Interpretation, Strict Liability, Exclusion of Common Law Remedies, Damages, Street Works, Water Ingress, Failure to Supply Gas Payments
Case Brief
Summary, issues, holding and outcome
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Parties
Southern Gas Networks Plc
Claimant
Thames Water Utilities Limited
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Are Failure to Supply Gas (FSG) payments recoverable under Section 82(1)(b) of the New Roads and Street Works Act 1991?
- 2 Does Section 82 of the NRSWA 1991 form a complete code, thereby excluding recovery of damages in negligence?
Ratio Decidendi
FSG payments are not recoverable under Section 82(1)(b) NRSWA 1991 as they are not expenses incurred in making good damage to apparatus, but are regulatory compensation for supply interruption. Section 82 forms a complete code, precluding recovery of damages in negligence for the same subject matter.
Court Disposition
Claim dismissed as to FSG payments; common law negligence claim excluded.
Full Case Text
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