Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
England and Wales decisions
Decisions matching the current search
The High Court held that the deduction from a retirement compensation lump sum under the Crombie regulations was the actual pension lump sum received, not an inflation-uprated notional amount.
On the balance of probabilities, the Defendant's water apparatus caused damage to the Claimant's duct during street works. The Claimant is entitled to recover expenses reasonably incurred in making good the damage, including overhead costs, under section 82(1) and section 96(1) of the New Roads and Street Works Act 1991. The claim is not time-barred, as the cause of action accrues when the expense is incurred, following Yorkshire Electricity Board v. British Telecommunications plc.
Source excerpt
The appellant is not liable for the cost of underpinning the rear wall of the respondents’ properties because the underpinning is not required to repair the damage caused by his works, but rather to remedy pre-existing defects. Compensation under the Act is limited to loss or damage resulting from the appellant’s works. The costs order must be revisited in light of the outcome on appeal, but the Judge was entitled to regard the respondents as the successful parties given the nature of the proceedings.
Source excerpt
British Telecommunications PLC v Anglian Water Services Ltd [2024] EWCC 28 (13 June 2024)
The County Court held that Anglian Water was liable under section 82 of the New Roads and Street Works Act 1991 for damage to BT’s duct, and the claim was in time.
Taylor v Jones & Anor (Rev1) [2024] EWCA Civ 170 (28 February 2024)
Court of Appeal held that compensation under the Party Wall etc. Act 1996 does not include the cost of remedying pre-existing defects not caused by the works.
Haggerty-Garton & Ors v Imperial Chemical Industries Ltd [2021] EWHC 2924 (QB) (03 November 2021)
High Court quantum judgment in a fatal asbestos mesothelioma claim, awarding solatium, loss of society, dependency on services, and agreed financial losses under Scots law.
The High Court held that the Water Resources Act 1991 compensation scheme did not exclude a negligence claim over flood damage caused during culvert works.
Hall v Environment Agency [2017] EWHC 1309 (TCC) (31 May 2017)
The High Court held that a negligence claim over flooding damage could proceed, finding the Water Resources Act 1991 compensation scheme was not exclusive on these facts.
The court held that Failure to Supply Gas payments were not recoverable under section 82 NRSWA 1991 and that the section excludes negligence claims on the same subject matter.
Preliminary issues in group litigation over Nigerian oil spills from Shell pipelines, addressing whether the Oil Pipelines Act excludes common law claims and limits compensation.
Explore more
