Robert Weir QC in Court of Appeal win for Welsh Water

Robert Weir QC acted for Welsh Water on appeal in its application to strike out a claim for economic loss.  The Court of Appeal in Dwr Cymru Cyfyngedig v Barratt Homes Ltd [2013] EWCA Civ 233 accepted that the claim, although framed as one for nuisance, trespass to goods or negligence, was in substance a claim for breach of section 106 of the Water Industry Act 1991. It held that breach of that section does not provide a private right of action and so allowed Welsh Water’s appeal.  

The instructing solicitors were Geldards. 

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