Building Law Reports

General editors: The Hon Sir Robert Akenhead; Dominique Rawley KC; Marc Lixenberg; Omar Eljadi; Felicity Dynes and David Johnson; Consulting editor: Mr Justice Fraser

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PETER MARCIC v THAMES WATER UTILITIES LTD

[2001] BLR 366

QUEEN’S BENCH DIVISION TECHNOLOGY AND CONSTRUCTION COURT

Before His Honour Judge Havery QC

Nuisance - Failure of sewerage undertaker to provide effectual system of drainage, causing flood - Whether liable for non-feasance - Water Industry Act 1991, sections 18, 22 and 94. Human Rights - Whether sewerage undertaker acting in way incompatible with Convention right - Right to respect for private and family life - Protection of property - Human Rights Act 1998, section 6 and schedule 1 (Article 8 of Convention and Article 1 of First Protocol to Convention). Damages - Damages in lieu of injunction at claimant’s election - Damages in respect of future wrongs - Appropriate principles under Human Rights Act 1998.

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