Marcic v. Thames Water Utilities Ltd [2001] EWHC Technology 394 (10th July, 2001)

Marcic v. Thames Water Utilities Ltd [2001] EWHC Technology 394 (10th July, 2001)

The court has jurisdiction to award damages in lieu of an injunction for future infringements of human rights arising from nuisance, even where an injunction is refused as a matter of discretion. The measure of damages is the diminution in value of the property caused by the prospect of future flooding, and such damages are not precluded by the Shelfer principles or Strasbourg jurisprudence.

Citation
[2001] EWHC Technology 394
Parties
Claimant: Mr. Marcic; Defendant: Unknown (Defendant)
Jurisdiction
England and Wales
Procedural Posture
Civil / Post Liability, Preliminary Issue on Measure of Damages
Outcome
Damages in lieu of injunction awarded; injunction refused as a matter of discretion.
Legal Topics
Measure of Damages, Injunctions, Damages in Lieu of Injunction, Human Rights Act 1998, Nuisance Liability
Human Rights Law Tort Law Nuisance Measure of Damages Injunctions Damages in Lieu of Injunction Human Rights Act 1998 Nuisance Liability

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Parties

Mr. Marcic

Claimant

Unknown (Defendant)

Defendant

Procedural Posture

Civil / Post Liability, Preliminary Issue on Measure of Damages

Legal Issues

  1. 1 Whether damages in lieu of an injunction are appropriate under section 50 of the Supreme Court Act 1981 and section 8 of the Human Rights Act 1998 for future infringements of human rights arising from nuisance
  2. 2 Whether the court has jurisdiction to award damages in lieu of an injunction when an injunction is refused as a matter of discretion
  3. 3 Whether damages for future wrongs are contrary to Strasbourg jurisprudence

Ratio Decidendi

The court has jurisdiction to award damages in lieu of an injunction for future infringements of human rights arising from nuisance, even where an injunction is refused as a matter of discretion. The measure of damages is the diminution in value of the property caused by the prospect of future flooding, and such damages are not precluded by the Shelfer principles or Strasbourg jurisprudence.

Court Disposition

Damages in lieu of injunction awarded; injunction refused as a matter of discretion.

Orders

  • Paragraph 104 of the judgment on liability amended for clarification.
  • Damages to be assessed based on diminution in value of property (X minus Y) as of the completion date, with interest or discount as appropriate.