Sutton and East Surrey Water Plc v Monarch Chemicals Limited & Anor [2026] EWHC 1260 (TCC)

An incident occurred in February 2017 at the water company's Elmer Water Treatment Works at Leatherhead. The water company, SESW, brought a substantial claim for its losses, which was compromised shortly before trial. What remained was a contribution dispute between the chemicals supplier, Monarch, and the haulier, Muztrans, whose driver had been involved in the delivery.

The judge held that Muztrans was not vicariously liable for any negligence of the driver, and that it was not liable to SESW for the same damage as Monarch within the meaning of the Civil Liability (Contribution) Act 1978. It followed that Muztrans was not liable to make any contribution to Monarch. The contribution claim against the haulier failed.

The case turns on the two gateways to a contribution claim under the 1978 Act: the party from whom contribution is sought must be liable for the same damage, and that liability must be made out. Where a haulier is neither directly liable to the claimant nor vicariously liable for the person who caused the loss, no contribution can be recovered from it.

The judge held that "Muztrans is not liable to make contribution to Monarch".