Canal & River Trust v Thames Water Utilities Ltd

Canal & River Trust v Thames Water Utilities Ltd

Thames Water's payment obligations for water abstracted from the River Lee are governed solely by the statutory regime, specifically the River Lee Water Act 1855 and subsequent amendments; no additional contractual, restitutionary, or unjust enrichment claims arise for water abstracted under licences of right, and the statutory licensing regime provides a complete defence to such claims.

Parties
Claimant: Canal & River Trust; Defendant: Thames Water Utilities Limited
Jurisdiction
England and Wales
Judgment Date
29 June 2016
Procedural Posture
Part 8 Claim / Judgment
Outcome
Claim for additional payment beyond statutory Special Payments dismissed; statutory regime governs payment obligations.
Legal Topics
Water Abstraction, Statutory Payments, Licensing Regime, Implied Contract, Restitution, Unjust Enrichment
Water Law Statutory Interpretation Contract Law Water Abstraction Statutory Payments Licensing Regime Implied Contract Restitution +1 more

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Parties

Canal & River Trust

Claimant

Thames Water Utilities Limited

Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether Thames Water is required to make payments for water abstracted from the River Lee beyond statutory Special Payments
  2. 2 Whether any basis exists other than under the River Lee Water Act 1855 for Thames Water's payment obligations
  3. 3 Effect of the Water Resources Act 1963 and 1965 Order on payment obligations

Ratio Decidendi

Thames Water's payment obligations for water abstracted from the River Lee are governed solely by the statutory regime, specifically the River Lee Water Act 1855 and subsequent amendments; no additional contractual, restitutionary, or unjust enrichment claims arise for water abstracted under licences of right, and the statutory licensing regime provides a complete defence to such claims.

Court Disposition

Claim for additional payment beyond statutory Special Payments dismissed; statutory regime governs payment obligations.