The Court of Appeal has granted permission to hear Professor Carolyn Roberts’ appeal against the refusal by the Competition Appeal Tribunal (CAT) in March to grant her Collective Proceedings Orders in a case seeking £840 million in compensation brought against six UK water companies.
The permission was granted as her application “raises grounds which have a reasonable prospect of success and, in any event the issue arising is important and there is a compelling reason for it to be considered.”
The Tribunal rejected the case brought against six UK water companies in September 2024 for allegedly misleading regulators about the number of discharges of untreated sewage made into rivers, lakes, coastal areas, and other waterways causing damage to the environment.
The CAT had ruled that the cases were excluded by the effect of the Water Industry Act 1991 – but they would otherwise have approved the cases.
Professor Carolyn Roberts was the Proposed Class Representative (PCR) in each action for millions of customers for combined claims for compensation payments worth £840.8 million in total as follows:
- Severn Trent Water Ltd and Severn Trent PLC- £322.5 million
- United Utilities Water Ltd and United Utilities Group PLC - £141 million
- Yorkshire Water Services Ltd and Kelda Holdings Ltd- £150.7 million
- Northumbrian Water Ltd and Northumbrian Water Group Ltd- £35.2 million
- Anglian Water Services Ltd and Anglian Water Group Ltd - £32.3 million
- Thames Water Utilities Ltd and Kemble Water Holdings Ltd - £159.1 million
As the PCR, Professor Roberts had contended that the water companies had committed, and continue to commit, abuses of a dominant position, in breach of section 18 of the Competition Act 1998, in providing misleading information to the relevant regulatory bodies, the Environment Agency and Ofwat.
Professor Roberts had alleged that the effect of this conduct had been to cause Ofwat to allow the companies to charge customers higher prices for sewerage services than they would otherwise have been permitted to charge.
International law firm RPC will once again be fielding the legal team in the appeal – RPC also acted in the case before the Tribunal in March.
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