0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Munn v North West Water Ltd

2 November 2000
The issues

Summary Judgment – precise pleadings.

The facts

The Claimant bought a property to run as a fish and chip shop. The cellar flooded on several occasions. The flood water contained raw sewage. The Claimant issued proceedings alleging that the flooding was as a result of the main sewage system failing. She sought damages for the failure of the fish and chip shop business. In her Particulars she did not identify the precise nature of the allegations of the nuisance that she wished to rely upon. The Defendant applied for Summary Judgment submitting that the claim had not real prospect of success. The Recorder granted Summary Judgment finding that the Defendant was maintaining the system to a level required of it given it’s considerable age. The Claimant appealed.

The decision

The appeal would be allowed. Part 24 was not design to deprive the Claimant where the issues of fact if found in their favour would potentially produce a successful outcome. The inadequacy of the Claimant’s pleading had to be viewed in the light of the available evidence which was suggestive of a reasonable prospect of success.

focus on...

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up