CAT sets date for hearing to decide if pollution class action claims can proceed

The Competition Appeal Tribunal (CAT) held a preliminary hearing last week in the class action cases being brought by Professor Carolyn Roberts with law firm Leigh Day over allegations that water companies have underreported pollution incidents and over-charged customers as a result.

The CAT set the week starting 23 September for a “certification” hearing, during which it will be decided whether claims against five firms – Severn Trent, United Utilities, Anglian,  Northumbrian and Yorkshire – can proceed as opt-out collective claims. If agreed, the claims will go on to a full trial.

Mr Justice Marcus Smith also set 13 January 2025 as the date for a second hearing to cover any additional issues, including relating to Ofwat’s own investigations and powers under the Competition Act.