Ministry of Defence v Thames Water Utilities Ltd

Ministry of Defence v Thames Water Utilities Ltd

Thames Water's statutory power to charge for sewerage services is limited to services actually provided; a charges scheme permitting charges for unprovided services is not compliant with the Water Industry Act 1991; MoD's common law claim for restitution based on mistake is not excluded by the Act; court has jurisdiction to determine the claim.

Parties
Claimant: The Ministry of Defence; Defendant: Thames Water Utilities Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2006
Procedural Posture
Civil / Trial of Preliminary Issues
Outcome
Court has jurisdiction; MoD entitled to recover overpayments for services not provided; TW's charges scheme not compliant with Act insofar as it permits charging for unprovided services.
Legal Topics
Statutory Interpretation, Jurisdiction, Unjust Enrichment, Mistake, Water Industry Regulation
Public Utilities Contract Restitution Statutory Interpretation Jurisdiction Unjust Enrichment Mistake Water Industry Regulation

Case Brief

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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Ministry of Defence

Claimant

Thames Water Utilities Limited

Defendant

Procedural Posture

Civil / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Thames Water is entitled under statutory scheme to charge for sewerage services by reference to assumed volume regardless of actual services provided
  2. 2 Whether MoD is entitled to recover money paid for services not provided
  3. 3 Whether TW's charges scheme complies with sections 142 and 143 of the Water Industry Act 1991

Ratio Decidendi

Thames Water's statutory power to charge for sewerage services is limited to services actually provided; a charges scheme permitting charges for unprovided services is not compliant with the Water Industry Act 1991; MoD's common law claim for restitution based on mistake is not excluded by the Act; court has jurisdiction to determine the claim.

Court Disposition

Court has jurisdiction; MoD entitled to recover overpayments for services not provided; TW's charges scheme not compliant with Act insofar as it permits charging for unprovided services.

Orders

  • Court to proceed to determine quantum of MoD's claim for repayment of sums paid by mistake
  • TW not entitled to charge for sewerage services not actually provided