Yorkshire Electricity Distribution plc v Telewest ltd [Court of Appeal]

Citation: EWCA Civ 1418; [2006] All E.R. (D) 369 (Oct)

Nature of case:
Under the new roads and street works act 1991 s.82, if a statutory undertaker caused or required damage to be caused to apparatus belonging to another person in the course of street repairs, whoever it was that actually did the work that constituted the damage, the statutory undertaker had to pay for the making good of that damage unless it could establish negligence or misconduct by the other person under s.82(4) of the act.

 

Counsel

Jonathan Lee QC

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