Source: All England Reporter
Publisher Citation: [2018] All ER (D) 131 (Jan)
Neutral Citation: [2018] EWHC 53 (Comm)
Court: Queen's Bench Division (Commercial Court)

Daniel Toledano QC (sitting as a Deputy High Court Judge)

Representation Jonathan Davies-Jones QC and Christopher Bond (instructed by DLA Piper UK) for Boots.
  Simon Colton QC (instructed by Eversheds Sutherland) for Severn Trent.
Judgment Dates: 17 January 2018


Practice - Summary judgment - Application for summary judgment concerning water company's right to charge for trade effluent discharge

The Case

Practice Summary judgment. The definition of 'trade effluent' in of the Water Industry Act 1991 extended to a mixed liquid made up, in part, of the product of trade or industry and, in part, of surface water where the mixing had taken place prior to discharge into the public foul sewer. Accordingly, the defendant water and sewerage company had lawfully imposed trade effluent charges on the claimant (Boots), in circumstances where the trade effluent had been mixed with surface water. The Commercial Court so held in granting the defendant's application for summary judgment on Boots claims challenging the defendant's entitlement to charge it for the discharge of trade effluent from Boots' property over a certain period.

Practice Areas

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