Severn Trent Water Ltd v Coal Authority
Citation: R.V.R. 21
Nature of case:
This hearing concerned a preliminary issue, namely whether Severn Trent Water’s claim was barred by the limitation provisions in s.3 of the Coal Mining Subsidence Act 1991. The tribunal held that Severn Trent Water had the requisite knowledge 6 years prior to bringing their claim, which was therefore time barred.
The tribunal was required to consider what Sever Trent Water needed to do to satisfy the requirement that they undertake reasonable investigations. Finding in favour of Severn Trent Water on this issue, the tribunal held that whilst it was reasonable to make investigations on the basis of public complaints about flooding, it was not reasonable to expect Severn Trent Water to carry out its own survey to ascertain those areas where damage was likely to occur, unless they had reasonable grounds for believing that damage had occurred at a given site.
