Purposive approach to interpretation

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWHC 278 (QB); TLR 4 October

Hertfordshire County Council claimed against Veolia Water Central Ltd payment of £335.31 after carrying out emergency works to make safe a broken manhole cover owned by the company. In dismissing the claim the judge had held that she was driven, reluctantly, to interpret s81 of the New Roads and Street Works Act 1991 and regulations 3 and 4 of the Street Works (Maintenance) Regulations (SI 1992 No 1691) so that the council, as street authority, could make a valid charge against Veolia, as utility company, for the emergency works only if the company had failed to afford the authority facilities to inspect the works.