Independent Water Company v Ofwat (costs) [2007] CAT 21

Competition Appeal Tribunal judgment (14 pages, PDF) ordering Independent Water Company to pay £3,000 (ex VAT) to Ofwat in respect of the costs of its failed appeal. This corresponds to the estimated costs to Ofwat of responding to Independent Water's applications for protective cost orders and interim measures, adjusted downwards by the Tribunal, seemingly to allow for only one barrister's costs instead of the two barristers used by Ofwat.

Ofwat's costs of making the (successful) argument that it had not reached any decision on alleged competition law infringements by Bristol Water are not recoverable because the Tribunal considered that Independent Water had acting reasonably in bringing the appeal, and that it was not obvious before seeing the evidence that Ofwat presented to the Tribunal that the appeal would fail.

For further information or advice please contact Franck Latrémolière.

Filed under CAT, Ofwat, Water.

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