Brendon International Ltd v Water Plus Ltd & Anor [2022] EWHC 3321 (Ch) (20 December 2022)

Brendon International Ltd v Water Plus Ltd & Anor [2022] EWHC 3321 (Ch) (20 December 2022)

The sewer serving the claimant's premises was and remains private. The defendants were not entitled to charge for surface water drainage and highway drainage services as no services were provided via a public sewer. Payments made by the claimant were under a mistake as to entitlement and are recoverable in restitution for unjust enrichment. The defendants breached statutory and common law duties by levying charges outside their powers.

Citation
[2022] EWHC 3321 (Ch)
Parties
Claimant: Brendon International Limited; Defendant: Water Plus Limited; Defendant: United Utilities Water Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2022
Procedural Posture
Commercial Restitution/breach of Contract / Final Judgment After Trial
Outcome
Claim allowed
Legal Topics
Unjust Enrichment, Mistake, Statutory Duty, Common Law Duty, Water Industry Act 1991, Limitation Act 1980, Public Vs Private Sewer, Charging Regime
Commercial Law Restitution Contract Law Statutory Interpretation Unjust Enrichment Mistake Statutory Duty Common Law Duty +4 more

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Brendon International Limited

Claimant

Water Plus Limited

Defendant

United Utilities Water Limited

Defendant

Procedural Posture

Commercial Restitution/breach of Contract / Final Judgment After Trial

Legal Issues

  1. 1 Were the defendants entitled to charge for surface water drainage and highway drainage services?
  2. 2 Was the sewer private or public at all material times?
  3. 3 Did the claimant pay charges under a mistake?

Ratio Decidendi

The sewer serving the claimant's premises was and remains private. The defendants were not entitled to charge for surface water drainage and highway drainage services as no services were provided via a public sewer. Payments made by the claimant were under a mistake as to entitlement and are recoverable in restitution for unjust enrichment. The defendants breached statutory and common law duties by levying charges outside their powers.

Court Disposition

Claim allowed

Orders

  • Defendants to repay claimant all sums paid for surface water drainage and highway drainage services from 22 September 2000 to 16 September 2019
  • Defendants to correct records to reflect the sewer as private