Water Plus Ltd and anr (appellants) v Brendon International Ltd (respondent)
Thursday 30 November 2023
By Appellant’s Notice, filed on 17 February 2023, the Appellants appeal the Order dated 27 January 2023 of HHJ Cadwallader, sitting as a Deputy High Court Judge in the Business and Property Courts in Manchester, Business List.
Background – The case concerns charges for surface water drainage and highway drainage services raised by the Appellants, Water Plus and United Utilities. The Respondent (Claimant in the lower Court) is the owner and occupier of premises in the Sankey Valley Industrial Estate.
Surface water from the Respondent’s premises discharges into a sewer which runs under the roads built on the industrial estate and other land to an outfall into a brook. The roads on the industrial estate are unadopted and the other land was private land. The parties agreed that, if the sewer was private no drainage fees would be payable.
The matter in issue in the proceedings was whether the sewer was public or private at all material times. There was an evidential issue concerning whether the burden of proof regarding the public/private status of the sewer. The Judge found that the burden of proof was on the Appellant to prove the sewer was public.
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