Scottish Water Business Stream Ltd v Phillips

Water and sewerage – Recovery of charges for supply of water and sewerage services. Sheriff Court: In a small claim in which the pursuer sought payment of charges it levied on the defender for the alleged supply of water and sewerage services to him at his business premises, the court held that the pursuer's claim failed because (i) the premises the defender occupied under his contractual licence were not 'eligible premises' in terms of s 27 of the Water Services etc. (Scotland) Act 2005; (ii) the pursuer had not made 'arrangements' with the defender, as the purported occupier of any eligible premises, for or in relation to the supply of water to, or the provision of sewerage services to, or the disposal of sewage from, the premises, in terms of s 6 of the Act; and (iii) on the evidence the pursuer had failed to prove that paragraph 5.15 of the 'Market Code' issued by Water Industry Commission for Scotland applied in this case.

Category: