Southern Gas Networks Plc v Thames Water Utilities Ltd [2016] EWHC 1669 (TCC) (04 July 2016)

Southern Gas Networks Plc v Thames Water Utilities Ltd [2016] EWHC 1669 (TCC) (04 July 2016)

FSG payments made by the Claimant to its customers are not recoverable under Section 82(1)(b) NRSWA 1991 because they are not expenses incurred in making good damage to apparatus, but are regulatory compensation for interruption of supply. Section 82 of the NRSWA 1991 forms a complete code for liability between undertakers in respect of street works and related events, thereby excluding common law claims in negligence for the same subject matter.

Citation
[2016] EWHC 1669 (TCC)
Parties
Claimant: Southern Gas Networks Plc; Defendant: Thames Water Utilities Limited
Jurisdiction
England and Wales
Judgment Date
04 July 2016
Procedural Posture
Civil / Trial Judgment
Outcome
Claim dismissed on both issues relevant to FSG payments and negligence.
Legal Topics
Strict Liability, Negligence, Statutory Compensation, Exclusion of Common Law Remedies, Interpretation of New Roads and Street Works Act 1991
Tort Law Statutory Interpretation Utilities Law Strict Liability Negligence Statutory Compensation Exclusion of Common Law Remedies Interpretation of New Roads and Street Works Act 1991

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Parties

Southern Gas Networks Plc

Claimant

Thames Water Utilities Limited

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Are Failure to Supply Gas (FSG) payments recoverable under Section 82(1)(b) of the New Roads and Street Works Act 1991?
  2. 2 Does Section 82 of the NRSWA 1991 form a complete code that precludes recovery of damages in negligence?

Ratio Decidendi

FSG payments made by the Claimant to its customers are not recoverable under Section 82(1)(b) NRSWA 1991 because they are not expenses incurred in making good damage to apparatus, but are regulatory compensation for interruption of supply. Section 82 of the NRSWA 1991 forms a complete code for liability between undertakers in respect of street works and related events, thereby excluding common law claims in negligence for the same subject matter.

Court Disposition

Claim dismissed on both issues relevant to FSG payments and negligence.

Orders

  • FSG payments are not recoverable under Section 82(1)(b) NRSWA 1991.
  • Section 82 forms a complete code precluding recovery in negligence for the same subject matter.