South East Water Ltd, R (On the Application Of) v Water Services Regulation Authority [2026] EWHC 479 (Admin) (02 March 2026)

South East Water Ltd, R (On the Application Of) v Water Services Regulation Authority [2026] EWHC 479 (Admin) (02 March 2026)

The application for interim relief was refused because SEW failed to demonstrate pressing grounds or exceptional circumstances justifying restraint of publication. The balance of convenience and public interest, including the rights of customers, investors, and the principle of open justice, outweighed any potential harm to SEW. SEW was not likely to establish at trial that publication should not be allowed under s.12(3) Human Rights Act 1998.

Citation
[2026] EWHC 479 (Admin)
Parties
Claimant: South East Water Limited; Defendant: Water Services Regulation Authority (Ofwat)
Jurisdiction
England and Wales
Judgment Date
02 March 2026
Procedural Posture
Judicial Review / Interim Relief Application
Outcome
Application for interim relief refused
Legal Topics
Interim Injunctions, Judicial Review of Regulatory Decisions, Freedom of Expression (article 10 Echr), Procedural Fairness, Predetermination, Statutory Interpretation, Property Rights (a1 P1 Echr)
Administrative Law Regulatory Law Human Rights Interim Injunctions Judicial Review of Regulatory Decisions Freedom of Expression (article 10 Echr) Procedural Fairness Predetermination +2 more

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Parties

South East Water Limited

Claimant

Water Services Regulation Authority (Ofwat)

Defendant

Procedural Posture

Judicial Review / Interim Relief Application

Legal Issues

  1. 1 Whether interim relief restraining publication of Ofwat's proposed enforcement decision should be granted
  2. 2 Whether SEW is likely to establish that publication should not be allowed under s.12(3) Human Rights Act 1998
  3. 3 Whether Ofwat's decision was predetermined or procedurally unfair

Ratio Decidendi

The application for interim relief was refused because SEW failed to demonstrate pressing grounds or exceptional circumstances justifying restraint of publication. The balance of convenience and public interest, including the rights of customers, investors, and the principle of open justice, outweighed any potential harm to SEW. SEW was not likely to establish at trial that publication should not be allowed under s.12(3) Human Rights Act 1998.

Court Disposition

Application for interim relief refused

Orders

  • Interim order restraining Ofwat from publishing the proposed decision is refused
  • SEW permitted to request minor redactions for commercial confidentiality in the public judgment; one accepted, one rejected