Yorkshire Water Services Ltd v Coal Authority

Citation: R.V.R. 99

Nature of case:
This hearing concerned a preliminary issue, namely whether Yorkshire Water Services’ claim was barred by the limitation provisions in s.44 of the Coal Mining Subsidence Act 1991. The Coal Authority had failed to reimburse Yorkshire Water Services for remedial works of which they had been given valid notice under the Act, as it was obliged to do under s.9 of the Act.

The tribunal held that the three year limit ran from when the Coal Authority had first breached its duty under s.9. The tribunal further held that breach had occurred upon the earliest date at which it would have been practicable for the Coal Authority to reimburse Yorkshire Water Services for the actual cost of the works. As the final payment to the contractors had been made less than 3 years before the claim was brought, it was not time barred.

Counsel

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