Roberts (Appellant) v Severn Trent Water Limited and Severn Trent PLC and 8 others (Respondents)

Case summary

Case ID

UKSC/2026/0042

Parties

Appellant(s)

Carolyn Roberts

Respondent(s)

Severn Trent Water Limited and Severn Trent PLC and 8 others

Issue

Is a cause of action under section 18(1) of the Competition Act 1998 excluded by section 18(8) of the Water Industry Act 1991?

Facts

The respondents are six water and sewerage companies (the “Water Companies”). These companies are responsible for the supply of water and sewerage services in different areas of the country. Each company has a monopoly on the provision of these services in its area. The provision of water and sewerage services is regulated by the Water and Services Regulation Authority (“Ofwat”). Ofwat regulates the prices which the Water Companies can charge household customers for their services. As part of this control of pricing, Ofwat requires the Water Companies to provide it with information about the number of pollution incidents on their sewerage networks. Ofwat takes this information into account when it determines the prices which the Water Companies can charge their customers. The appellant, Professor Carolyn Roberts, alleges that the Water Companies abused their monopoly positions by providing Ofwat with misleading information about the number of pollution incidents on their sewerage networks. Professor Roberts argues that this caused the Water Companies’ customers a loss because Ofwat allowed the Water Companies to charge higher price than it would have done if the Water Companies had accurately reported the number of pollutions incidents. Professor Roberts seeks to bring collective proceedings (on an opt-out basis) on behalf of the household customers of the Water Companies. Professor Roberts applied to the Competition Appeal Tribunal for a collective proceedings order. (A party cannot bring collective proceedings without such an order.) The Competition Appeal Tribunal refused to make a collective proceedings order. The Court of Appeal upheld the decision of the Competition Appeal Tribunal. Professor Roberts now seeks permission to appeal to the Supreme Court.

Date of issue

10 April 2026

Case origin

PTA

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