Boots UK Ltd v Severn Trent Water Ltd

Boots UK Ltd v Severn Trent Water Ltd

A mixed liquid containing trade effluent and surface water is to be treated as trade effluent within the meaning of section 141(1) of the Water Industry Act 1991, and the statutory scheme does not require separation of the components for charging purposes.

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
Outcome
Appeal dismissed
Legal Topics
Trade Effluent Charges, Statutory Definition of Trade Effluent, Sewerage Regulation, Surface Water Discharge, Interpretation of Water Industry Act 1991

Case Brief

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Parties

Boots UK Limited

Claimant/appellant

Severn Trent Water Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

  1. 1 Whether mixed liquid containing trade effluent and surface water is 'trade effluent' under section 141(1) of the Water Industry Act 1991
  2. 2 Whether the charging scheme or contractual arrangements deem the mixed liquid to be trade effluent

Ratio Decidendi

A mixed liquid containing trade effluent and surface water is to be treated as trade effluent within the meaning of section 141(1) of the Water Industry Act 1991, and the statutory scheme does not require separation of the components for charging purposes.

Court Disposition

Appeal dismissed

Orders

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