Claims against water companies start in the Competition Appeal Tribunal

Following the dumping of sewage into our waterways, a case against six UK water companies begins on Monday (September 23, 2024).

Professor Carolyn Roberts has applied to the Competition Appeal Tribunal for Collective Proceedings Orders (CPOs) against six UK water companies in what will be the first environmental competition class action brought in the UK. 

If the Orders are granted, it will allow the proposed claims to proceed to a full trial which will look to establish whether water companies have been overcharging household customers. As these are 'opt-out' claims, the affected household customers will not need to actively do anything to join the claims, until the cases are successful.

The Tribunal will also determine whether Professor Roberts, who is seeking to represent millions of consumers who have paid for sewerage services provided by the six defendant water companies, can be authorised to act as the Class Representative in each of the claims and represent household customers. 

On the upcoming CPO hearing, Professor Roberts said: “As a Professor of the Environment, I have a deep appreciation of our waterways and their influence on our wider environment and firmly believe in preserving them for future generations. I hope to be authorised as the class representative to bring these claims on behalf of millions of household consumers who have been overcharged due to the anti-competitive practices employed by these six water companies.”  

Professor Roberts alleges that the six water companies have breached UK competition law by abusing their positions as dominant companies within their area of appointment, by misleading their regulators, the Water Services Regulation Authority (Ofwat) and the Environment Agency, through the under-reporting of the number of pollution incidents on their networks. This directly resulted in water companies charging their customers more than they would have, had they accurately reported the number of pollution incidents.

Zoe Mernick-Levene, Partner at RPC, who is leading the case, said: “This is a crucial milestone in what is the first environmental competition action to be brought in the UK, and a big step in our work to ensure household customers can reclaim what they have been overcharged.” 

The water companies subject to the claims are:

• Anglian Water Services Ltd
• Northumbrian Water Ltd 
• Severn Trent Water Ltd  
• Thames Water Utilities Ltd
• United Utilities Water Ltd
• Yorkshire Water Services Ltd   

The CPO hearing commences at 10:30am on Monday 23 September, and is expected to last four days.