The Court of Appeal has granted Professor Carolyn Roberts permission to appeal the Competition Appeal Tribunal’s refusal to certify her proposed collective proceedings against six major water companies.
The case, valued between £800m and £1.5bn, alleges abuse of dominance through underreporting sewage discharges – ultimately leading to customers being overcharged. If certified, it would be the first environmental claim of its kind to proceed under the UK’s competition regime.
The Court noted that the appeal raises grounds with a “reasonable prospect of success” and that “there is a compelling reason” for the issues to be heard.
The six companies (Thames Water, Yorkshire Water, Anglian Water, Severn Trent, Northumbrian Water and United Utilities) are accused of misleading Ofwat and the Environment Agency by significantly or systematically underreporting the number of sewage discharges.
In a statement on her website, Professor Roberts said:
“We welcome the Court of Appeal’s decision to grant permission to appeal in the Water Cases.
“In granting permission, the Court recognised that the application “raises grounds which have a reasonable prospect of success” and that “the issue arising is important and there is a compelling reason for it to be considered.”
“This is a significant step towards having the cases certified, so that we can ultimately recover compensation for all those who have been overcharged as a result of Thames Water, Severn Trent, United Utilities, Northumbrian Water and Yorkshire Water breaching competition rules. The appeal will now proceed to a one-day hearing.”
Professor Roberts has been an environmental and waters consultant since 1988. She has over thirty years’ experience working in the fields of environmental science, water resource management and sustainability, and her experience includes advising businesses, universities and the UK Government.
