Committee publication · Correspondence · 4 March 2025
Correspondence from Pennon Group regarding Reforming the water sector inquiry oral evidence, dated 26 February 2025
From: Environment, Food and Rural Affairs Committee
Inquiry: Reforming the water sector
Summary
Pennon Group's CEO clarifies South West Water's position on settling loss-of-amenity claims with non-disclosure agreements. She confirms the company has not settled loss-of-amenity cases using NDAs as policy, notes a handful of such claims have emerged recently, and explains that confidentiality provisions in court settlements are standard practice, while commercial confidentiality clauses remain appropriate for unrelated business dealings.
Key findings
- South West Water Ltd has not settled any loss of amenity proceedings with Non-Disclosure Agreements as company policy
- The company has received a handful of loss-of-amenity claims in recent times, which have not been historically prevalent in the sector
- An attempted settlement of the first claim was withdrawn; the company concluded it would not be appropriate to progress cases in this way
- Confidentiality provisions in court-settled cases are commonplace across the sector
- Confidentiality clauses in commercial settlements with landowners, property owners, and businesses remain standard practice and are unrelated to loss-of-amenity claims
Tone
ProceduralTopics
Key actors
Susan Davy, Alistair Carmichael, South West Water Ltd, Pennon Group, General Counsel (South West Water)
Notable line
“South West Water Ltd has not settled any loss of amenity proceedings with a Non-Disclosure Agreement.”
Key Quotes
“South West Water Ltd has not settled any loss of amenity proceedings with a Non-Disclosure Agreement.”
“… because it is not company policy to settle cases in this way.”
“… in recent times, we have seen a handful of loss of amenity claims, which have not historically been prevalent in the sector.”
Source · parliament.uk record ↗