Water Charges - About the Law

The law is simple until you start adding in Scottish Water - their lawyers, and various departments in particular the Revenue Protection Department, the Scottish Government and it's Water Industry Team, not forgetting the Water Industry Commission for Scotland and their Scotland on Tap web site.

The problem has been broken down into smaller pieces, explaining what a reasonable person thinks of the law.

Report from Trust Pilot

https://uk.trustpilot.com/reviews/5aa69ea8d5a570032020c086, content copied 14th March 2018

The complaint

I lease a shed with a shared roof and now Clear Business says I am due them nearly £750 for rain water I dont think so and when you call them they are not intrested as this is the Landlord's bill not mine just a shower of ---- and always keep on putting in bills.

When reading this, bear in mind that this relates to a leased premises that does not have a water supply, and is thus NOT eligible [viz liable] for Water and Sewerage charges, but probably pays water charges of some sort through the Landlord's service charges.

Physical Configuration

The best place to start is to define the physical configuration of the pipes for leased premises that do not have a direct water or sewerage connection provided by Scottish Water. Below is a diagram which illustrates the Water and Sewerage Connections. There are a number of cases to consider.

Overview

There are two parts to an opinion:

  • The Briefing: that is asking the question, which must include enough of the background information to enable a meaningful answer. Inadequate information or an overdose of information will result in an answer which cannot be relied upon.
  • The Opinion: that is a precise answer to the question or questions posed in the Brief. Remember that this is the interpretation of the law in the professional view of the barrister who has been briefed, not as a Sheriff or Judge may hand down.

Scottish Water Business Stream are suing so many of their clients that they have developed a, not altogether correct, standardised writ.

If a writ is defended, and that is easy, the pursuer can then change it and resubmit it with another argument, ad nauseam.

Introduction

There are two bodies, both legally constituted, who have published documents which do not cite the Law which they purport to define.

The law is a minefield.

The only way that a point of law will be ever be clarified is if it is taken to court. But unless there is agreement it will inevitably have to be taken to a higher court. Scottish Water Business Stream have enormously deep pockets, which enable them to keep matters going to the exhaustion of the smaller party.

Water Charges - Courts and Lawyers

The Court Process

A writ is issued for the sums of money that the pursuer wants to be paid. UNLESS you settle up immediately this will include another large sum for the pursuers costs. Tho these are subject to certain rules. 

Nota Benissime: Issuing a writ is NOT about seeking justice. It is about attempting to force the other party to pay whether the money is due or not.

Introduction

So what is this article about. It is probably one of the more important articles on this section of the web site about Water Charges.

It would appear that a very simple straight forward Law [The 2005 Water Act] is in the process of being perverted by a group of people which includes inter alia The Water Industry Commissioner for Scotland, some Directors [presumably] of Scottish Water, and various high level [???] minions in the Scottish Government who dislike the fiscal ramifications of said Act.

Note: This article is incomplete and remains under preparation.