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Cowie v Normand (Drain becomes sewer at boundary)

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Cowie v Normand (Drain becomes sewer at boundary)

Postby gid » Fri Jun 16, 2017 8:02 am

In "A guide to surface water drainage" by Scottish Water, they say that:

"Following the case of Cowie v Normand it has been established that where a drain exits a property boundary it automatically becomes a sewer."

I haven't found any other online references to this case. Does anyone have more information on it?

Thanks.
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Re: Cowie v Normand (Drain becomes sewer at boundary)

Postby atticus » Fri Jun 16, 2017 8:21 am

The only things I could find are the guide you have been reading (which makes clear that in this area the law in Scotland differs from English law) and an oblique reference which suggests that this is a case decided by the Scottish Court of Session.

Sorry - we are not very good on Scots law.
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Re: Cowie v Normand (Drain becomes sewer at boundary)

Postby dls » Fri Jun 16, 2017 5:58 pm

Similar brick wall.

The only reference I can find is
Spella v. Scottish Enterprise Ltd & Anor [2006] ScotSC 101 (16 May 2006)

at

http://www.bailii.org/scot/cases/ScotSC/2006/101.html
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Re: Cowie v Normand (Drain becomes sewer at boundary)

Postby tph » Mon Jun 26, 2017 10:28 pm

The best legal definition I have come across is that a drain is defined as a pipe serving a single property whilst a sewer is a pipe serving more than one property.
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Re: Cowie v Normand (Drain becomes sewer at boundary)

Postby tph » Mon Jun 26, 2017 10:46 pm

The earliest legislation defining the terms drain and sewer was the Public Health Act 1848. More recently this has been defined under section 219 of the Water Industry Act 1991.

Case law wise there is Ferrand v Hellas Land and Building Company, Shepherd v Croft and Holland v Lazarus.
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Re: Cowie v Normand (Drain becomes sewer at boundary)

Postby dnm » Tue Jun 27, 2017 8:07 am

To the OP,

Cowie v Normand
1996 SLT 960
Court: HC of Justiciary (Sc)
Judgment Date: 12/05/1994
I remember the Hultquist equation...
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Re: Cowie v Normand (Drain becomes sewer at boundary)

Postby dls » Tue Jun 27, 2017 9:45 am

tph, I think this is a peculiarly Scots law question.
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Re: Cowie v Normand (Drain becomes sewer at boundary)

Postby gid » Tue Jun 27, 2017 11:59 am

dmm, do you know any more about it? In particular it would be interesting to know if it related to all drains/sewers or only sewers adopted by Scottish Water.
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Re: Cowie v Normand (Drain becomes sewer at boundary)

Postby dls » Tue Jun 27, 2017 12:55 pm

If someone quotes a case at you, just say, very politely that you do not have access to a case law library, and would they care to send you a copy.

They should do so without quibbling - they are after all seeking to persuade you by its use.
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Re: Cowie v Normand (Drain becomes sewer at boundary)

Postby gid » Tue Jun 27, 2017 4:03 pm

dls, Apologies for my lack of manners. You are quite correct, I don't have access to a case law library, and had thought that asking for a copy would be far too presumptuous.

EDIT: I'm a numpty.
Last edited by gid on Tue Jun 27, 2017 4:10 pm, edited 1 time in total.
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