This website uses cookies to ensure you get the best experience on our website. Learn more

Marcic v Thames Water Utilities Ltd [2004] 1 All ER 135

By Oxbridge Law TeamUpdated 04/01/2024 07:04

Judgement for the case Marcic v Thames Water Utilities Ltd

Table Of Contents

  • A sewer operated by Defendant kept overflowing due to overuse and flooding Plaintiff’s home.

  • Defendant tried to claim nuisance but HL rejected it since there was a statutory scheme to deal with problems and an independent regulator with powers of enforcement, whose decisions were subject to judicial review.

  • The statutory scheme was better suited to the needs of balancing the interests of the individual and the public (who would have to endure the cost of building another sewer in this case) and that for the courts to undermine the regulator by assuming his functions would be to contradict parliament’s intentions.

  • Therefore there could be no claim under

Lord Nicholls

  • No claim in private law of nuisance as this would contradict the statutory scheme.

  • As for article 8, the statutory scheme, which uses a points system for assessing when to perform more works, is convention compliant and strikes a fair balance between the individual and public interest.

  • Therefore the claim under the HRA fails too. 

Any comments or edits about this case? Get in touch

For Further Study on Marcic v Thames Water Utilities Ltd

Tort Law Notes
1,070 total pages
843 purchased

Tort Law notes fully updated for recent exams at Oxford and Cambridge. ...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started

Related Product Samples

These product samples contain the same concepts we cover in this case.

Tort LawNuisance Notes (70 pages)
Tort LawNuisance Notes (10 pages)
Claim every advantage to get a first in law
Tort Law Notes
1,070 total pages
843 purchased

Tort Law notes fully updated for recent exams at Oxford and Cambridge. ...