B & D Clays & Chemicals Ltd v Castle Water Ltd [2026] EWCA Civ 171 (25 February 2026)

B & D Clays & Chemicals Ltd v Castle Water Ltd [2026] EWCA Civ 171 (25 February 2026)

On a proper interpretation, Regulation 8 of the Water (Meters) Regulations 1988 provides a code by which the volume of water supplied to premises is measured and charges determined. Charges may be recovered based on meter readings unless the meter is shown, by statutory testing, to be registering incorrectly. The court cannot consider other evidence of meter defect if the meter passes the prescribed statutory test.

Citation
[2026] EWCA Civ 171
Parties
Appellant/defendant: B & D Clays & Chemicals Limited; Respondent/claimant: Castle Water Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2026
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Water Supply Charges, Interpretation of Statutory Regulations, Evidentiary Value of Meter Readings, Statutory Testing of Meters, Adjustment of Charges
Utilities Law Contract Law Administrative Law Water Supply Charges Interpretation of Statutory Regulations Evidentiary Value of Meter Readings Statutory Testing of Meters Adjustment of Charges

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Parties

B & D Clays & Chemicals Limited

Appellant/defendant

Castle Water Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether Regulation 8 of the Water (Meters) Regulations 1988 precludes evidence other than meter testing to challenge water charges
  2. 2 Whether the court can consider other evidence of meter defect if the meter passes statutory accuracy tests
  3. 3 Whether the lower court erred in relying on expert evidence to find the meter defective

Ratio Decidendi

On a proper interpretation, Regulation 8 of the Water (Meters) Regulations 1988 provides a code by which the volume of water supplied to premises is measured and charges determined. Charges may be recovered based on meter readings unless the meter is shown, by statutory testing, to be registering incorrectly. The court cannot consider other evidence of meter defect if the meter passes the prescribed statutory test.

Court Disposition

Appeal dismissed

Orders

  • The appeal by B & D Clays & Chemicals Limited is dismissed.
  • The decision of the County Court at Brighton (HHJ Simpkiss) is affirmed.