THE MARCIC PRINCIPLE AND THE LIABILITY OF SEWERAGE UNDERTAKERS IN COMMON LAW

摘要

This article contends that the approach in Dobson to the concurrent applicability of common law remedies to actions or omissions which are to be enforced under section 18 of the 1991 Act, which was partly based on the comments of Hoffmann LJ in Marcic, is in need of refinement.rnThis suggestion is based on construction of the whole 1991 Act, which states, unequivocally, that the regulator is duty-bound to enforce section 18 obligations, be they operational, policy or otherwise, and that Parliament would have intended the regulator to enforce these obligations against a general regulatory standard, which generally speaking only it is qualified to assess.