September 30, 2025
Marcic v Thames Water Utilities Ltd [2003] UKHL 66
A homeowner whose property was repeatedly flooded by an overloaded public sewer sued the statutory undertaker. The House of Lords held that the comprehensive statutory scheme under the Water Industry Act 1991 provided the exclusive remedy, precluding claims in common law nuisance. Facts Mr Marcic, the claimant, owned a property that was repeatedly flooded with foul and surface water from overloaded public sewers operated by Thames Water Utilities Ltd, the defendant. The sewers had become inadequate to serve the properties connected to them, particularly after periods of rain. Thames Water was aware of the flooding problems since at least 1992
