Marcic v Thames Water Utilities Ltd

[2003] UKHL 66

Ratio Decidendi

A sewerage undertaker's failure to prevent flooding is not actionable in nuisance or under the HRA where the statutory scheme (Water Industry Act 1991) provides its own enforcement mechanism through Ofwat.

Fakty

Mr Marcic's property was repeatedly flooded by sewage from an overloaded sewer. He sued Thames Water in nuisance and under Article 8 ECHR.

Podsumowanie orzeczenia

The House of Lords held that the statutory scheme under the Water Industry Act 1991 was the exclusive remedy. Claims in nuisance were precluded by the statutory framework.

Kluczowe cytaty

"The existence of the statutory scheme is inconsistent with a duty of care in the common law of nuisance."
— Lord Nicholls

Późniejsze zastosowanie

Leading Authority

Key authority on the interaction between statutory schemes and common law claims.