Ministry of Defence v Thames Water Utilities Ltd [2006] EWHC 66 (TCC) (19 January 2006)

Ministry of Defence v Thames Water Utilities Ltd [2006] EWHC 66 (TCC) (19 January 2006)

Thames Water Utilities Limited is not entitled, under sections 142 and 143 of the Water Industry Act 1991, to charge for sewerage services by reference to an assumed volume where it can be shown that such services were not actually provided. The court retains jurisdiction to determine the MoD's common law restitutionary claim for repayment of monies paid by mistake, as there is no clear statutory exclusion of such jurisdiction. The MoD is entitled to recover overpayments made for services not provided, and TW's charges scheme does not provide a defence to that claim.

Citation
[2006] EWHC 66 (TCC)
Parties
Claimant: The Ministry of Defence; Defendant: Thames Water Utilities Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2006
Procedural Posture
Civil / Preliminary Issues Trial in the High Court (technology and Construction Court)
Outcome
For the claimant (MoD) on preliminary issues; court has jurisdiction; TW not entitled to charge for unprovided services; MoD entitled to restitution for overpayments.
Legal Topics
Statutory Interpretation, Jurisdiction of Courts, Restitution for Mistake, Water and Sewerage Charges, Ultra Vires Statutory Schemes
Administrative Law Contract Law Restitution Utilities Law Statutory Interpretation Jurisdiction of Courts Restitution for Mistake Water and Sewerage Charges +1 more

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Parties

The Ministry of Defence

Claimant

Thames Water Utilities Limited

Defendant

Procedural Posture

Civil / Preliminary Issues Trial in the High Court (technology and Construction Court)

Legal Issues

  1. 1 Whether Thames Water Utilities Limited (TW) is entitled under sections 142 and 143 of the Water Industry Act 1991 to fix and recover charges for sewerage services by reference to an assumed volume of waste water, regardless of the actual volume provided to a customer.
  2. 2 Whether the court has jurisdiction to determine a common law restitutionary claim for overpayment in the context of a statutory charging scheme.
  3. 3 Whether the Ministry of Defence (MoD) is entitled to recover overpayments made for sewerage services not actually provided due to leakage.

Ratio Decidendi

Thames Water Utilities Limited is not entitled, under sections 142 and 143 of the Water Industry Act 1991, to charge for sewerage services by reference to an assumed volume where it can be shown that such services were not actually provided. The court retains jurisdiction to determine the MoD's common law restitutionary claim for repayment of monies paid by mistake, as there is no clear statutory exclusion of such jurisdiction. The MoD is entitled to recover overpayments made for services not provided, and TW's charges scheme does not provide a defence to that claim.

Court Disposition

For the claimant (MoD) on preliminary issues; court has jurisdiction; TW not entitled to charge for unprovided services; MoD entitled to restitution for overpayments.

Orders

  • Court declares that TW is not entitled to charge for sewerage services not actually provided under the statutory scheme.
  • Court declares that MoD is entitled to recover overpayments made for such unprovided services.