Published on: 16 April 2025
Published by a LexisNexis Corporate Crime expert
The Water (Special Measures) Act 2025 (W(SM)A 2025) was brought before Parliament on 4 September 2024 and attained Royal Assent on 24 February 2025. It stems from broad dissatisfaction with the behaviour and performance of water and sewerage undertakers across England and Wales. Public trust has been undermined by repeated pollution control failures, chronic underinvestment in infrastructure, and the awarding of executive bonuses. In 2022–2023, £9.7m in bonuses and benefits went to senior executives, even as serious pollution incidents increased. Four companies were responsible for over 90% of those incidents. Ofwat research found only a quarter of customers believed water companies act in the public interest. In response, the government pledged legislation to hold poor performers to account, bolster regulatory powers, and start restoring confidence. W(SM)A 2025 is presented as the first step in a broader, continuing reform programme.
W(SM)A 2025 gives Ofwat the authority to stop water companies granting performance-related bonuses where minimum performance thresholds are missed. In setting these rules, Ofwat must consider customer interests, environmental consequences, financial resilience, and any criminal liability...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...