Professor Carolyn Roberts v Severn Trent Water Limited & Severn Trent Plc & Ors
The Court of Appeal (majority) held that Professor Roberts's claim for abuse of dominance was barred by section 18(8) WIA because the alleged abuse—misleading Ofwat by under-reporting pollution incidents—depended on the existence and breach of the statutory reporting obligation, making the contravention of licence conditions an essential ingredient of the claim. The claim could not be established independently of the regulatory regime, and thus section 18(8) excluded the remedy sought.
Source excerpt
- Abuse of dominant position
- Collective proceedings
- Statutory interpretation
- Price regulation
- Remedies under competition act
- Water industry regulation