COLLECTIVE PROCEEDINGS

March 6th, 2026 by James Goudie KC

ROBERTS v SEVERN TRENT WATER and other WATER COMPANIES, with OFWAT as Intervener, ( 2026 ) EWCA Civ 222 considers COLLECTIVE PROCEEDINGS/a CLASS REPRESENTATIVE CLAIM  , in the context of pollution ( by water &  sewerage undertakings as statutory monopoly suppliers allegedly abusing a dominant position). A CCOLLECTIVE PROCEEDINGS ORDER may be made under Section 47B(4) of the Competition Act 1998. The majority hold that the CLAIM IS BARRED. This is because it claimed remedies that were available only “ by virtue of “ the acts complained of constituting alleged contravention of a regulatory regime ( under the Water Industry Act 1991).

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