Cowie v Normand (Drain becomes sewer at boundary)

[gid]

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.

[atticus]

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.

[dls]

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

[tph]

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.

[tph]

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.

[dnm]

To the OP,

Cowie v Normand
1996 SLT 960
Court: HC of Justiciary (Sc)
Judgment Date: 12/05/1994

[dls]

tph, I think this is a peculiarly Scots law question.

[gid]

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.

[dls]

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.

[gid]

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.