Thames Water v Ministry of Defence [2006] EWCA Civ 1620

Court of Appeal judgment dated 29 November 2006 reversing the High Court ruling that the Ministry could obtain a repayment of its metered sewerage services bill based on water use by proving that actual leakage in the barracks was higher than the figure assumed in Thames Water's tariff.

The Court of Appeal found "the submission that Thames Water may fix charges [for sewerage] only by reference to the amount of water entering their sewers from a customer's site to be untenable". Instead, it decided that Thames Water had the discretion to use water metering as the charging base for sewerage. On that basis, the customer's only way of challenging a charging scheme made on that basis was to use regulatory processes under the Water Industry Act 1991 and/or a judicial review of Ofwat's decision at the time of the approval of the scheme. The judges also criticised the Ministry of Defence's conduct of the case.

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Filed under UK courts, Water.

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