Thames Water Utilities Ltd, R (on the application of) v Water Services Regulation Authority

There are no precise provisions in UK domestic legislation organising the management of waste which escapes unintentionally from the sewerage system; therefore, such escapes are not 'covered by other legislation' and are 'controlled waste' within section 33 of the Environmental Protection Act 1990.

Source-derived case information.

Parties: Claimant: Thames Water Utilities Limited; Respondent: Bromley Magistrates’ Court; Interested Party: The Environment Agency; Intervener: Water Services Regulation Authority
Jurisdiction: England and Wales
Judgment Date: 28 July 2008
Procedural Posture: Judicial Review / Post Reference Determination After ECJ Ruling
Outcome: Preliminary question answered in favour of the Environment Agency; sewage escapes are 'controlled waste' under section 33 EPA; matter remitted to magistrates’ court for determination on merits.
Legal Topics: Waste Management, Statutory Interpretation, European Directives, Sewage Escapes, Controlled Waste, Jurisdiction

Environmental Law Administrative Law Criminal Law Waste Management Statutory Interpretation European Directives Sewage Escapes Controlled Waste +1 more

Source-derived case record

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 8 Party arguments 2

Parties

Thames Water Utilities Limited

Claimant

Bromley Magistrates’ Court

Respondent

The Environment Agency

Interested Party

Water Services Regulation Authority

Intervener

Procedural Posture

Judicial Review / Post Reference Determination After ECJ Ruling

Legal Issues

1 Whether escapes of waste water from a public sewerage system are 'Directive waste' within the Waste Framework Directive and subject to enforcement under section 33 of the Environmental Protection Act 1990
2 Whether UK domestic legislation provides 'precise provisions organising the management of the waste' and ensures equivalent environmental protection to the Waste Framework Directive

Ratio Decidendi

Court Disposition

Preliminary question answered in favour of the Environment Agency; sewage escapes are 'controlled waste' under section 33 EPA; matter remitted to magistrates’ court for determination on merits.

Orders

Matter remitted to magistrates’ court for determination on merits
District Judge’s order declining jurisdiction quashed

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.