FAQ

This website has been created to inform members of the public and potential class members about the proposed claims against six water companies. The website serves as one of the ways in which Professor Carolyn Roberts, the proposed class representative for these claims, will communicate with the proposed class members. 

All six proposed defendants are water and sewage companies (referred to on this website as “water companies”). Most households receive one “water bill” directly from their water company – but this bill will cover both incoming tap water and the removal and treatment of wastewater (i.e. sewage). 

The issues in these claims only relate to wastewater and are not related to the provision of tap water.

Professor Carolyn Roberts believes that each of the six water companies she is bringing a legal claim against have broken competition law by misleading their regulators (the Environment Agency and Ofwat) as to the number of times they cause pollution incidents, being the discharge or spilling of untreated sewage into rivers, lakes, coastal areas and other waterways resulting in adverse environmental effects.

The claims allege that by underreporting these pollution incidents, these water companies have been able to charge higher prices to consumers for their sewerage services than they could have if they had accurately reported the number of pollution incidents. Not only have such practices led to higher prices for consumers, but discharges or spills of untreated sewage (being the core aspect of pollution incidents) can also be very harmful to the environment. River water quality is classified as less than ‘good’ in the majority of regions in which the six water companies operate.

The prices water companies are allowed to charge are regulated by Ofwat. These prices are linked to performance objectives set by Ofwat. By providing misleading information to Ofwat, Professor Roberts alleges that the water companies were able to avoid penalties for underperformance against their performance objectives, and, in some cases, may have received rewards. As a result, these water companies may have been able to charge higher prices to consumers.

Professor Roberts and her lawyers consider that the water companies’ conduct amounts to an abuse of a dominant position for the purposes of competition law.

Evidence gathered by Professor Carolyn Roberts and her advisors so far indicates that the issue of underreporting sewage spills by water companies is an industry-wide issue.

The claims are being brought against six water companies:

• Thames Water
• United Utilities
• Severn Trent
• Anglian Water
• Yorkshire Water
• Northumbrian Water

This map shows which water company supplies each area of England and Wales:

If you are unsure which water company supplies water and sewerage services to you, please check your water bill or enter your postcode here:

Check your postcode here.

You can find out more about each of the proposed defendants here.

Professor Carolyn Roberts is the individual seeking to bring these claims and represent the interests of the consumers who fall within the proposed classes (see more information here).

Professor Roberts has been an environmental and water consultant since 1988, and has undertaken innovative work in environmental science, management and technology for over thirty years.

You can find out more about Professor Roberts here.

Professor Carolyn Roberts is seeking permission from the Competition Appeal Tribunal to act as the class representative in these claims. If she is authorised to act as the class representative, Professor Roberts will conduct the proposed claims against the proposed defendants on behalf of all proposed class members (except for those who choose to opt out of the proposed claims).

Professor Roberts will be responsible for making decisions as to the management of the proposed claims, including whether to accept any settlement offers that the proposed defendants may make. She has instructed a legal team from law firm Leigh Day to assist with the legal aspects of the proposed claims.

Throughout the proceedings, Professor Roberts will be responsible for communicating with the class members and for issuing formal notices to class members about the claims.

Six separate claims are being brought against six proposed defendants, and therefore there are six separate class definitions. Each class definition will be largely similar and can be summarised as follows:

All Persons who have paid for the provision of sewerage services to Household Customers by  [one of the six water companies] during the Class Period, either Directly or as part of their Rent.

“Persons” means natural persons domiciled in the UK on the date of domicile (this will be determined by the Competition Appeal Tribunal in accordance with the relevant law).

“Household customers” means customers being provided with sewerage services at premises principally used as a home, within the meaning of section 17C of the Water Industry Act 1991.

“Rent” is rent paid by Persons who constitute Purchasers for the purpose of the Water Resale Order 2006 (“the 2006 Order”).

The “Class Period” will be determined by the Tribunal in due course. If you have paid for wastewater services provided by one or more of the six water companies during the following periods, you may be entitled to compensation:

If the proposed claims are certified, those who are domiciled in the UK (which means they reside in the UK) and fall within the class definition will automatically be included in the claims, and will be bound by any judgment or settlement, unless they chose to opt out. Those who are not domiciled in the UK but fall within the class definition and wish to participate in the claim will have the opportunity to opt in to the claims. More information about the opt-in and opt-out register will become available once the claims are certified.

To find out if you could be included in these claims check your eligibility here.

If the claims are successful, the person who has paid the bill will be able to claim compensation, and in most cases, that will be a named account holder.  However, if you paid a landlord for your water bill as part of your rent or a service charge (e.g. social housing tenants), then you will also be able to make a claim for compensation.

Yes, tenants who paid their water bill will be able to claim compensation.  If you paid for your water bill as part of your rent or a service charge (e.g. social housing tenants), you’ll also be able to make a claim.

Yes, you may be included if you live in off-campus accommodation and your rental agreement covers most or all of the calendar year (i.e. 50-52 weeks per year). 

You will likely not be included in these claims, if you live in on-campus accommodation, accommodation provided through your university, or if you cannot stay in your accommodation over university holidays, and the normal facilities found in a home are provided by your university or another service provider.  

No, anyone who paid for wastewater services for a premises not principally used as a home (including businesses, charities, non-for-profit organizations and public sector bodies) is not likely to be considered as a class member included in these claims.

If you are a landlord and your tenants pay their water bill directly to the water company, or you charge for water services as part of the rent, you will likely not be included the claims (although your tenants may be eligible to claim compensation).

The exact amount each class member will be entitled to will be determined by the Competition Appeal Tribunal. Professor Roberts is seeking compensation for all customers falling within the proposed classes who have been affected by anti-competitive behaviour by these six water companies. The combined total sum being sought on behalf of all proposed class members is hundreds of millions of pounds.

If the proposed claims are successful, all class members who have not opted-out (and any persons domiciled outside the UK who fall into the class definition and have opted-in by the required deadline) will be able to seek a payment from the damages awarded.

Register here to stay up-to-date about the progress of the cases and about the amount of compensation that you may receive in due course if the claims are successful.

We expect that any award would be paid by the company and shareholders, not consumers, because of the way that Ofwat’s price control regime operates, which determines what water companies can charge consumers.

If you would like to be part of the claims, you do not need to take any action at this stage.

The Proposed Class Representative is seeking to bring these claims on an opt-out basis. This means that if the claims are allowed to proceed by the Competition Appeal Tribunal, all members of the proposed classes who are domiciled (i.e. reside) in the UK will be automatically included in the claims, unless they choose to opt-out. Who is likely to be a member of the proposed classes is explained here.

Those who are not domiciled in the UK but fall within one of the class definitions and wish to participate in the claims will also have the opportunity to opt-in to the claims. If the claims are allowed to proceed, details on how to opt-in to the claims will be made public, including on this website. Please register to stay updated on the claims in order to be informed of any developments.

If you would not like to be part of the claims, you do not need to take any action at this stage.

The Proposed Class Representative is seeking to bring these claims on an opt-out basis. This means that if the claims are allowed to proceed by the Competition Appeal Tribunal, all members of the proposed classes who are domiciled (i.e. reside) in the UK will be automatically included in the claims, unless they choose to opt-out. Who is likely to be a member of the proposed classes is explained here.

If the claims are allowed to proceed, class members will have until a set deadline to opt-out of the claims if they do not wish to be part of them. Opting-out will mean that you will not be part of these claims, and you will not be able to receive a payment if the claims are successful and any compensation is secured.

Details on how to opt-out of the claims will be made public in due course, including on this website. Please register to stay updated on the claims in order to be informed of any developments, including on how to opt-out of the claims.

The Competition Appeal Tribunal is a specialist court which hears and decides cases involving competition law issues. The Competition Appeal Tribunal publishes its rules and guidance, together with information about what it does and details of its ongoing cases, on its website at www.catribunal.org.uk.

The Consumer Rights Act 2015 allows for a claim to be brought on behalf of a group of individuals who are alleged to have suffered a common loss. The group is called the “class” and all individuals within the group are “class members”. The collective claims process means that groups of individuals who have suffered harm do not each need to bring an individual claim to obtain compensation for their loss. Instead, these individuals may all receive compensation through a single collective claim brought on their behalf by a class representative.

The water cases are being brought on an “opt-out” basis which means that if Professor Roberts is allowed to proceed with her claims by the Competition Appeal Tribunal she will automatically represent all persons who fall under the class definition (see more information here), unless they decide to opt out.

Legal proceedings of this kind can take a long time, and the duration of the claims will depend on certain decisions taken by the Competition Appeal Tribunal and the parties to the claims. At this stage, it is estimated it will take at least a few years for the legal proceedings to reach a conclusion. It may be possible to resolve the claims sooner if a settlement can be agreed with the proposed defendants.

The court process can take time, so please be patient. If and when money becomes available, proposed class  members  will  be  notified  about  how to claim a  payment.  Please register here to stay up to date with the progress of the claims.

No, individual class members do not need to pay anything to be a part of the claims and do not face any financial risk because they are part of the proposed classes.

Professor Roberts has obtained third-party funding through Bench Walk Advisors LLC to cover her costs in bringing the claims. She has also taken out specialist insurance to cover the proposed defendants’ costs if the claims are unsuccessful and she is ordered by the Tribunal to pay the proposed defendants’ costs. This means that class members will not be personally liable for any of the costs arising from the claims, win or lose.