Roberts v Severn Trent Water Limited & Severn Trent PLC & Ors [2026] EWCA Civ 222 (05 March 2026)
The Court of Appeal held that Professor Roberts's claims for abuse of dominant position were barred by section 18(8) of the Water Industry Act 1991 because the existence and breach of the duty to report accurate information to Ofwat was an essential ingredient of the cause of action. The remedies sought were only available by virtue of the acts constituting a contravention of the conditions of appointment, and not otherwise. The claim could not be established without relying on the breach of the regulatory regime, and thus section 18(8) precluded the claims.
- Citation
- [2026] EWCA Civ 222
- Parties
- Appellant / Proposed Class Representative: Professor Carolyn Roberts; Respondents / Proposed Defendants: Severn Trent Water Limited & Severn Trent PLC; Respondents / Proposed Defendants: United Utilities Water Limited & United Utilities Group PLC; Respondents / Proposed Defendants: Yorkshire Water Services Limited & Kelda Holdings Limited; Respondents / Proposed Defendants: Northumbrian Water Limited & Northumbrian Water Group Limited; Respondents / Proposed Defendants: Anglian Water Services Limited & Anglian Water Group Limited; Respondents / Proposed Defendants: Thames Water Utilities Limited & Kemble Water Holdings Limited; Intervener: The Water Services Regulatory Authority (Ofwat)
- Jurisdiction
- England and Wales
- Judgment Date
- 05 March 2026
- Procedural Posture
- Appeal From Competition Appeal Tribunal (cat) / Judgment on Appeal Against Refusal to Grant Collective Proceedings Order
- Outcome
- Appeal dismissed
- Legal Topics
- Abuse of Dominant Position, Collective Proceedings Order, Water Industry Regulation, Section 18(8) Water Industry Act 1991, Section 47 B Competition Act 1998, Misleading a Regulator, Price Control Mechanisms
Case Brief
Summary, issues, holding and outcome
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Parties
Professor Carolyn Roberts
Appellant / Proposed Class Representative
Severn Trent Water Limited & Severn Trent PLC
Respondents / Proposed Defendants
United Utilities Water Limited & United Utilities Group PLC
Respondents / Proposed Defendants
Yorkshire Water Services Limited & Kelda Holdings Limited
Respondents / Proposed Defendants
Northumbrian Water Limited & Northumbrian Water Group Limited
Respondents / Proposed Defendants
Anglian Water Services Limited & Anglian Water Group Limited
Respondents / Proposed Defendants
Thames Water Utilities Limited & Kemble Water Holdings Limited
Respondents / Proposed Defendants
The Water Services Regulatory Authority (Ofwat)
Intervener
Procedural Posture
Appeal From Competition Appeal Tribunal (cat) / Judgment on Appeal Against Refusal to Grant Collective Proceedings Order
Legal Issues
- 1 Whether section 18(8) of the Water Industry Act 1991 bars collective proceedings for abuse of dominant position under the Competition Act 1998 where the alleged abuse is misleading the regulator by under-reporting pollution incidents.
- 2 Whether the claim for damages for overcharging consumers is only available by virtue of the acts constituting a contravention of a condition of appointment under the WIA.
Ratio Decidendi
The Court of Appeal held that Professor Roberts's claims for abuse of dominant position were barred by section 18(8) of the Water Industry Act 1991 because the existence and breach of the duty to report accurate information to Ofwat was an essential ingredient of the cause of action. The remedies sought were only available by virtue of the acts constituting a contravention of the conditions of appointment, and not otherwise. The claim could not be established without relying on the breach of the regulatory regime, and thus section 18(8) precluded the claims.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed. The refusal of the Competition Appeal Tribunal to grant a Collective Proceedings Order is upheld.
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