Wild Justice, R (on the application of) v The Water Services Regulation Authority

Wild Justice, R (on the application of) v The Water Services Regulation Authority

No arguable case of unlawful action or inaction by OFWAT has been shown; OFWAT has taken steps to monitor and enforce compliance with statutory duties, and the claim is based on broad, unsupported allegations rather than specific failures.

Parties
Claimant/appellant: Wild Justice; Defendant/respondent: The Water Services Regulation Authority (OFWAT)
Jurisdiction
England and Wales
Judgment Date
17 January 2023
Procedural Posture
Judicial Review / Application for Permission to Appeal From Refusal of Permission for Judicial Review
Outcome
Permission to appeal refused
Legal Topics
Judicial Review, Statutory Duties of Regulators, Water Industry Regulation, Enforcement of Environmental Obligations
Administrative Law Environmental Law Regulatory Law Judicial Review Statutory Duties of Regulators Water Industry Regulation Enforcement of Environmental Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Wild Justice

Claimant/appellant

The Water Services Regulation Authority (OFWAT)

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal From Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether OFWAT failed to discharge its statutory duties under section 94 of the Water Industry Act 1991 and regulation 4 of the Urban Waste Water Treatment (England and Wales) Regulations 1994
  2. 2 Whether OFWAT unlawfully failed to collect information as required by section 27(2) of the Water Industry Act 1991
  3. 3 Whether OFWAT unlawfully relied on data from the Environment Agency to discharge its own obligations

Ratio Decidendi

No arguable case of unlawful action or inaction by OFWAT has been shown; OFWAT has taken steps to monitor and enforce compliance with statutory duties, and the claim is based on broad, unsupported allegations rather than specific failures.

Court Disposition

Permission to appeal refused

Orders

  • No order as to costs