Can a Water Undertaker Be Liable in Nuisance or Negligence to Property Owners?

    View Author September 2017

    In the recent case of Oldcorn v Southern Water Services Limited [2017] EWHC 62 (TCC), despite the fact that Southern Water was a statutory sewerage undertaker under the Water Industry Act 1991 (the Act), the High Court has held that a duty in negligence and nuisance could still arise out of the performance of its statutory functions.