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08 February 2007
Issue: 7259 / Categories: Case law , Law digest
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TORT

Aerospace Publishing Ltd v Thames Water Utilities [2007] EWCA Civ 3, [2007] All ER (D) 02 (Jan)

The defendant was a water undertaker for the purposes of the Water Industry Act 1991 (WIA 1991). One of its mains water pipes burst. A considerable quantity of the escaped water entered premises occupied by the claimants. In proceedings brought by the claimants, the defendant admitted liability pursuant to s 209, WIA 1991. One issue was whether the claimants could recover the cost of staff time.

HELD The fact and extent of the diversion of staff time must be properly established. If claimants do not adduce evidence which it would have been reasonable to adduce, they are at risk of a finding that this has not been established. The claimants also had to establish that the diversion had caused significant disruption to their businesses.

Even though it might be that strictly the claim should be cast in terms of a loss of revenue attributable to the diversion of staff time, despite this, in the ordinary case, unless the defendant could establish the contrary, it is reasonable for the court to infer from the disruption that, had their time not been thus diverted, the staff would have applied it to activities which would, directly or indirectly, have generated revenue in an amount at least equal to the costs for employing them during that time.

Issue: 7259 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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