Court of Appeal clarifies evidence admissible to challenge water meter readings
9th March 2026
On 25 February 2026 the Court of Appeal (Peter Jackson, Lewis and Snowden L.J.J.) handed down judgment in the case of B&D Clays & Chemicals Limited v Castle Water Limited [2026] EWCA Civ 171, an appeal relating to the evidence admissible to challenge commercial water meter readings.
David Parratt KC (Scot), Christopher Edwards and Zhen Ye of 3PB Barristers appeared for B&D Clays, the Appellant, in this matter.
The Court of Appeal held, by a majority of 2:1, Snowden L.J. dissenting, that the Water (Meters) Regulations 1988 provided a comprehensive code by which the volume of water supplied to any premises is to be measured and hence, how charges are to be determined. Accordingly, it was not open to a court to consider other evidence about whether a meter might be defective in circumstances where the meters were found to not be registering incorrectly as per Regulation 8 of the Regulations.
It found unanimously that on the facts of this case, the Appellant had failed to prove that the meter was defective in any event.
If you wish to instruct or contact David, Christopher or Zhen please email their clerk, Chambers Director David Fielder on [email protected] or call 020 7583 8055.
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