Court : UK Supreme Court
Decided on : Dec-09-2009
..... arose the narrow issue of the interpretation of the relevant provisions of the 1991 act. at first instance, in a judgment delivered on 1 august 2008, wyn williams j found in favour of welsh water  ewhc 1936 (qb). his decision was reversed by the court of appeal on 28 november 2008  ewca civ 1552. barratts then proceeded to connect the development's sewer to ..... or undertaker can refuse to agree to the developer's proposals. there is no material difference between the 1936 and 1991 acts for this purpose. the 1936 act provided that disputes between developers and authorities should go to a magistrates' court. the 1991 act provides that a developer who argues that an authority's refusal is unreasonable can take the dispute to ofwat, which ..... vicinity of their development as the connection point. it is, i believe, significant that, in nearly a century and a half since the 1875 act was passed, this is the first occasion upon which the english court has been required to resolve a dispute between property owner and sewerage undertaker as to the point of connection of a private sewer or drain ..... inappropriate point could include pollution and risk to health, thereby infringing articles 2, 3 or 8 of the european convention on human rights. the court was bound, if possible, so to interpret section 106 of the 1991 act as to avoid these consequences see marsleasing sa v la comercial internacional de alimentacion sa (case c-106/89)  ecr 1-4135 and .....Tag this Judgment!