Utilities - 1985- 1989

The case shown here are derived from the lawindexpro case law database. lawindexpro is a low cost case law database, with over 260,000 case listings, and over 200,000 links to full text judgments. The free service below shows the core information on the case, but is restricted in several ways. A small proportion of cases do allow access to the full lawindexpro information. These cases are selected at random, and may be different on your next visit. The active links through to lawindexpro are extremely powerful allowing full access to all linked cases.  

This page lists 2 cases, and was prepared on 28 October 2012.

RHM Bakeries (Scotland) Ltd -v- Strathclyde Regional Council [1985] UKHL 9
24 Jan 1985 HL	Nuisance, Scotland, Utilities
	The pursuers sought damages after the defender's sewer collapsed flooding their bakery.
	Sewerage (Scotland) Act 1968
	[ Bailii ]

Rance -v- Elvin (1985) 50 P&CR 9; [1985] EWCA Civ 7
14 Feb 1985 CA Browne-Wilkinson, Griffiths LJ, Sir George Waller	Land, Utilities	Casemap 1 Cites 1 Citers
	The plaintiff complained that he had an easement over the defendants land for the supply of water, including the right to connect into the mains on the defendant's land. The defendant said that the right was only to connect to the mains directly. Held: There was a crucial distinction between the right to a supply of water; and a right to an uninterrupted passage of water. A right of the passage of water through the service connection serving the property was not a right to be supplied with water by the servient owner at his expense, but to the uninterrupted passage of water and no more. It confers no right to insist upon the servient owner allowing water to enter his pipes. If, however, water does reach the pipes by any means whatever, that water must be permitted to pass through the pipes on the servient land so as to reach the dominant land. The servient owner is not bound to ensure that any water does reach the system, but if it does he cannot prevent its onward passage to the dominant tenement without being liable for action for interference with the easement.
	Link[s] omitted