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

This Knowledge Check tests Sutton and East Surrey Water Plc v Monarch Chemicals Limited and another [2026] EWHC 1260 (TCC). A delivery driver pumped the wrong chemical into a water treatment system, causing a chlorine gas cloud and substantial loss.

The chemical supplier settled the water company's claim and sought a contribution from the driver's formal employer, a haulage company. The court examined duty of care, dual vicarious liability, the Civil Liability (Contribution) Act 1978 and the incorporated RHA Conditions of Carriage 2009.

Adrian Williamson KC held that the haulage company neither owed the water company the alleged duty nor shared vicarious liability for the driver. Any contribution claim was also excluded, limited or time barred by the contractual conditions.