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
Summary, issues, holding and outcome
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Parties
Boots UK Limited
Claimant/appellant
Severn Trent Water Limited
Defendant/respondent
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Legal Issues
- 1 Whether mixed liquid containing trade effluent and surface water is 'trade effluent' under section 141(1) of the Water Industry Act 1991
- 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.
Full Case Text
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