Thames Water Utilities Ltd (TWU) must wait for a Court of Appeal ruling on whether it is entitled to charge for water supplies to houses built in 1971 on land formerly belonging to West Wycombe Estate in Buckinghamshire.
In May 1999 Judge Christopher Tyrer of the High Wycombe County Court dismissed TWUs claim for over £4,000 against the occupiers of three houses in Spring Coppice, West Wycombe (formerly Newmer Common).
The judge found in favour of occupiers Gerald Richardson of Walnut Tree House, Dr John Weaver of Beechwood House and Fletcher Codling, who has since died, of Yolsum House, and ruled that the Spring Coppice Supply pipe, which supplied water to the houses, belonged to the West Wycombe Estate. He determined that, in the circumstances, the occupiers were under no obligation to pay for supplies that ran through the pipe.
However, counsel for TWU, Michael Daiches, argued before Thorpe and Potter LLJ that the judge had been wrong to find that West Wycombe Estate was still responsible under an agreement reached in 1968 with TWUs predecessor, Bucks Water Board, to supply water to houses on the estate.
He contended that the agreement came to an end when the land in question was bought from the estate, and that the occupiers, who had always refused to pay any water charges, were liable to pay TWU for the supplies that they had received.
Judgment on the appeal has now been reserved. No date has been fixed for the ruling, but it is likely to be given in the next month.
Thames Water Utilities Ltd v Richardson and others Court of Appeal (Thorpe and Potter LJJ) 17 November 2000.
Michael Daiches (instructed by the solicitor to Thames Water Utilities Ltd) appeared for the appellant; David Streatfeild-James (instructed by Kidd Rapinet, of High Wycombe) appeared for the respondents.
PLS News 20/11/00
