The Weekly Law Reports
[2018] 1 WLR 5977
Court of Appeal
*Southern Gas Networks plc
v
Thames Water Utilities Ltd
[2018] EWCA Civ 33
2017 Dec 13,
14;
2018 Jan 25
2018 Jan 25
Jackson, Underhill, Hickinbottom LJJ
Highway— Streetworks— Damage to apparatus in street— Burst water main causing damage to gas main pipes and interruption of gas supply— Gas company making statutory payments to customers in respect of interruption to gas supply— Gas company claiming statutory compensation from water company— Whether payments made to customers “expenses reasonably incurred in making good damage”—
New Roads and Street Works Act 1991 (c 22), s 82(1)(b)
—
Gas (Standards of Performance) Regulations 2005 (SI 2005/1135) (as amended by Gas (Standards of Performance) (Amendment) Regulations (SI 2008/696), reg 3), reg 7
Negligence— Liability— Whether ousted— Statute providing statutory undertaker strictly liable to pay compensation to persons having apparatus in street in respect of any expenses reasonably incurred in making good damage caused to apparatus by discharge of water in undertaker’s apparatus— Whether statutory compensation scheme ousting common law right to claim damages in negligence—
New Roads and Street Works Act 1991, s 82
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