Transco Plc v Leicestershire County Council

Transco Plc v Leicestershire County Council

The Court held that Regulation 5(6) applies only to remedial works and not to all works, and that the deeming provision is rebuttable, allowing parties to prove the actual dates of commencement and completion of works for the purposes of charges under the Regulations.

Parties
Appellant: Transco plc; Respondent: Leicestershire County Council
Jurisdiction
England and Wales
Judgment Date
04 November 2003
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division on Preliminary Issues
Outcome
Appeal allowed; findings of the judge on both preliminary issues reversed.
Legal Topics
Street Works, Statutory Undertakers, Highway Authority Charges, Notice Requirements, Regulatory Offences
Administrative Law Statutory Interpretation Public Law Street Works Statutory Undertakers Highway Authority Charges Notice Requirements Regulatory Offences

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Parties

Transco plc

Appellant

Leicestershire County Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division on Preliminary Issues

Legal Issues

  1. 1 Does Regulation 5(6) of the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001 apply to works which are not remedial in nature?
  2. 2 Is the deeming provision in Regulation 5(6) conclusive (irrebuttable) or rebuttable?

Ratio Decidendi

The Court held that Regulation 5(6) applies only to remedial works and not to all works, and that the deeming provision is rebuttable, allowing parties to prove the actual dates of commencement and completion of works for the purposes of charges under the Regulations.

Court Disposition

Appeal allowed; findings of the judge on both preliminary issues reversed.

Orders

  • Regulation 5(6) applies only to remedial works.
  • The deeming provision in Regulation 5(6) is rebuttable, not conclusive.