Three Valleys Water v LFEPA [2009] EWHC 3109 (QB) and [2010] EWHC 208 (QB)

Michael Curtis QC successfully appeared for London Fire in resisting Three Valleys claim that LFEPA is responsible under s57 of the Water Industry Act 1991 for paying for the repair of all leaks and other defects to fire hydrants however minor they are. Mr Justice Edwards-Stuart held that under s57 a water authority is liable to carry out repairs and a fire authority is liable to pay for them only where the repairs are necessary to keep the fire hydrants in a condition so that they are fit for the purpose of fire fighting, do not present a risk of contamination to the water supply and are not a source of danger to the public or to potential users. The water authority is liable of the cost of all other repairs. The judgment and supplementary judgment set out a procedural code for water authorities to follow where they seek to recover the cost of repairs from the relevant fire authority. Michael Curtis QC led Deok Joo Rhee from 11 Kings Bench Walk.

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