The Technology and Construction Court has found Thames Water liable for breach of duty in a group action relating to nuisance caused by odour. It also found that there had been a human rights breach.
The action was brought by 1,350 residents living near Mogden Sewage Treatment Works complaining of odours and mosquitoes emanating from the works. Thames Water was found to have been negligent in respect of odour, but not of mosquitoes. It had also breached Article 8 ECHR (the right to respect for private and family life), although no damages were awarded to non-property owners for this infringement.