The claimant is an environmental NGO which sought permission to apply for judicial review of alleged failures by the defendant (“Ofwat”) to discharge its obligations concerning the responsibilities of sewerage companies under the Urban Waste Water Treatment (England and Wales) Regulations 1994. The High Court refused permission following a hearing before Bourne J. The Claimant appealed to the Court of Appeal. Following a hearing on permission to appeal, the Court of Appeal (Bean LJ) dismissed the appeal and refused permission for judicial review, holding that no arguable case of unlawful action or inaction by Ofwat had been shown.
The full judgment is available here.
Hanif Mussa KC and Natasha Simonsen acted for the defendant, Ofwat.