Boots UK Ltd v Severn Trent Water Ltd [2018] EWCA Civ 2795 (13 December 2018)

Boots UK Ltd v Severn Trent Water Ltd [2018] EWCA Civ 2795 (13 December 2018)

A mixed liquid containing trade effluent and surface water discharged from trade premises is 'trade effluent' within the meaning of section 141(1) of the Water Industry Act 1991. The statutory definition encompasses mixtures, and the legislative scheme, case law, and practical considerations support treating the mixture as a single entity for charging purposes. Boots' appeal fails on this ground, so the secondary issue does not arise.

Citation
[2018] EWCA Civ 2795
Parties
Claimant/appellant: Boots UK Limited; Defendant/respondent: Severn Trent Water Limited
Jurisdiction
England and Wales
Judgment Date
13 December 2018
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the High Court (commercial Court)
Outcome
Appeal dismissed
Legal Topics
Trade Effluent Charges, Statutory Interpretation, Water Industry Act 1991, Sewerage Undertaker Powers, Surface Water Drainage, Consent to Discharge, Charging Schemes
Commercial Law Utilities Law Administrative Law Trade Effluent Charges Statutory Interpretation Water Industry Act 1991 Sewerage Undertaker Powers Surface Water Drainage +2 more

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Parties

Boots UK Limited

Claimant/appellant

Severn Trent Water Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in the High Court (commercial Court)

Legal Issues

  1. 1 Whether mixed liquid (trade effluent and surface water) is 'trade effluent' under section 141(1) of the Water Industry Act 1991
  2. 2 Whether, if not, it is deemed to be trade effluent by charging scheme or contract

Ratio Decidendi

A mixed liquid containing trade effluent and surface water discharged from trade premises is 'trade effluent' within the meaning of section 141(1) of the Water Industry Act 1991. The statutory definition encompasses mixtures, and the legislative scheme, case law, and practical considerations support treating the mixture as a single entity for charging purposes. Boots' appeal fails on this ground, so the secondary issue does not arise.

Court Disposition

Appeal dismissed

Orders

  • Boots' appeal is dismissed; summary judgment for Severn Trent Water Limited stands.