The following Environment practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out the key legal issues pertaining to the Water Services Regulation Authority (Ofwat) and regulation of the water and sewerage sectors in England and Wales.
Part 2 of the Water Act 2003 (WA 2003) amends Water Industry Act 1991 (WIA 1991) to establish a Water Services Regulation Authority.
Ofwat is a regulatory body and a non-ministerial government department. It is responsible for ensuring that the water and sewerage sectors in England and Wales provide customers with good and efficient service at a fair price. Ofwat was created as a result of the privatisation of the water and sewerage sectors under the Water Act 1989 (WA 1989).
In December 2011, the UK government published Water for life a white paper setting out the government’s overarching policies for sustainable water management in England through 2030 and beyond. This included plans to introduce a new retail market for water and sewerage services to allow customers to switch from their local monopoly water company to another water supplier. See Water Bill - reform of the water industry and A level playing field for the water market—a discussion document.
Since 1 April 2017 eligible English and Scottish businesses and non-household customers have been able to choose their preferred supplier of water and wastewater retail services. See Water industry regulation—Ofwat—Reform of the water market—implementing retail competition.
The water sector
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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