Sewerage undertaker liable under Human Rights Act

The High Court has held that a sewerage undertaker is liable to pay compensation to a householder who suffered recurrent flood damage to his property as a result of an inadequate sewerage scheme. The court concluded that there was no liability under common law or statutory sewerage provisions, but that there was a breach of human rights which gave rise to relief. The case appears to be the first in which the Human Rights Act has been tested in this context, and if upheld on appeal will have considerable financial and operational implications for the water industry.

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