Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Duty of care definition

What does Duty of care mean? In practice, a duty of care is the legal obligation to take reasonable care to avoid causing foreseeable harm to another person in the circumstances of the case. It is principally a case law concept in negligence (tort) and delict, though specific statutes (for example, occupiers’ liability and health and safety legislation) impose particular duties in defined settings. In England & Wales and Northern Ireland, courts typically consider whether harm was reasonably foreseeable, the parties were in a relationship of proximity, and whether it is fair, just and reasonable to impose a duty (Caparo). Limits frequently arise for omissions, public authorities...

Trade effluent discharges: when consents or agreements are required, sewer restrictions, and on-site treatment and permitting (England and Wales)

Published by a LexisNexis Environment expert

Practice notes

Consent or agreement

To discharge liquid effluent from trade or industrial premises, a consent, or an agreement, must be in place with a local water and sewerage undertaker for release into:

a public sewer
a private sewer that subsequently connects to a public sewer

For information on water companies and water supply/sewerage licensees, see: Ofwat: Licences and licensees.

To seek trade effluent consent, a Trade Effluent Notice must be submitted to the sewerage undertaker. Where an application is unsuccessful, the water company will set out the reasons for refusal in writing. There is a right of appeal to Ofwat under section 122 of the Water Industry Act 1991 (WIA 1991).

In particular circumstances, the environment agency (or Natural Resources Wales in Wales) may impose additional conditions on a consent, due to the substances present in the discharge or the processes that give rise to it. Agricultural holdings, horticulture business, fish farms, and premises used for scientific or experimental purposes are treated as premises for carrying out trade and industry and will also need a trade effluent consent...

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Michael Bowes

6 Pump Court

Dr Michael Bowes has extensive experience in law including: Infrastructure, Energy, Planning, Environmental, Commercial and Competition. In addition, he has considerable experience in Water Law and is recognised as an industry expert. He provides advice to the top level of those in Law and Industry.He currently works at 6 Pump Court Chambers as a barrister. Michael joined Chambers from a long and successful career in private practice. He qualified as a solicitor in 2007. During the previous decade, he worked with Eversheds Sutherland LLP and BCLP LLP as a senior regulatory specialist. He led teams in Nationally Significant Infrastructure Projects to include Development Consent Orders and Transport Works Act Orders. Previous to this, he worked as a lawyer with international organisations (The United Nations, The Council of Europe) and private organisations (fund management, private enterprise, private practice). He has also taught...

Web page updated on 22/05/2026

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