ABSTRACT
Peter Marcic brought a claim against his statutory water and sewage undertaker, Thames Water
Utilities Ltd (TWUL), complaining of its failure, since 1992, to prevent persistent external flooding
and backflow of foul water from its sewer system into his home at times of heavy rain. Although
it was reasonably practicable for TWUL to prevent the flooding, it had refused to do so. Under its
existing scheme of priorities, there was no prospect of such works being undertaken in the
foreseeable future. After nine years, Marcic turned to law and brought this action for damage to
his property in nuisance and under the 1998 Act.
