Utilities - 1985- 1989
The law relating to utilities, eg water, telecommunications, electricity, gas.
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This page lists 2 cases, and was prepared on 28 October 2012.
|RHM Bakeries (Scotland) Ltd -v- Strathclyde Regional Council  UKHL 9|
|24 Jan 1985
|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;  EWCA Civ 7|
|14 Feb 1985
CABrowne-Wilkinson, Griffiths LJ, Sir George Waller
|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.|