This Page was Last Updated on 2
September 2010
Rule, Clause or Condition |
Determination |
Date of Hearing |
Points made within Determination (Verbatim
extracts given in Italics, or between “quotes”)
|
L10
Mitigation |
AD19 |
April 2000 |
“The
Committee noted that Station Access Condition L10 reminds the parties that
they retain the general obligation in law to mitigate loss or damage
resulting from breach of contract.
Whilst noting the extent of the case law on the interpretation of
landlords’ obligations to their tenants under leases, and that the essence of
one party’s case is that there has been no breach of contract, the Committee
took the view that the parties’ behaviour should be assessed in part against
such a general obligation. In this
regard …..” “it would not be reasonable, given general custom in relation to buried pipes, to expect Railtrack to attach loggers to every tenant’s meter, or to carry out regular testing of the pipes, as had been proposed by CSE.” “there was a duty on CSE,
both as the party with the direct interest in monitoring the consumption of
water, and as the only party in a position to influence levels of
consumption, to identify its potential loss at the earliest practicable
stage, and to give Railtrack the earliest opportunity to meet its
obligations. The two years taken by
CSE to identify its possible loss, during which time Railtrack was not
prompted to take remedial action, was not reasonable” (AD19 paragraphs 10, 10.2 and 10.3) |