Brendon International Ltd v Water Plus Ltd

Subject Matter

WATER — Sewerage — Right to charge — Claimant paying sums charged by defendants for surface water and highway drainage services — Claimant subsequently claiming repayment of such sums on ground defendants having no entitlement to charge for services — Whether sewer into which drainage occurring private or public — Whether claimant or defendant bearing evidential burden as to status of sewer — Water Industry Act 1991 (c 56), s 219(1)

[2022] EWHC 3321 (Ch); [2023] 1 WLR 1229; [2023] WLR(D) 10, Ch D

WATER — Sewerage — Right to charge — Claimant paying sums charged by defendants for surface water and highway drainage services — Claimant subsequently claiming restitution of such sums on ground defendants having no entitlement to charge for services — Whether sewer into which drainage occurring private or public — Whether claimant or defendant bearing burden as to status of sewer — Water Industry Act 1991 (c 56), s 219(1)

[2024] EWCA Civ 220; [2024] 1 WLR 2434; [2024] WLR(D) 108, CA

Appellate History