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12 April 2013
Issue: 7555 / Categories: Case law , Law digest , In Court
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Nuisance

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) [2013] EWCA Civ 233, [2013] All ER (D) 290 (Mar)

The right conferred by s 106 of the Water Industry Act 1991 (WIA 1991) could not be invoked by the claimant as the basis of a cause of action in nuisance. The policy of the statute was clear: s 106 of WIA 1991 was not intended to confer a right to compensation for breach. If failure to perform a statutory duty did not give rise to a private right to sue for damages for breach it was difficult to see how it could provide the essential basis for a cause of action for damages in nuisance.

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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

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