Sutton And East Surrey Water Plc v Monarch Chemicals Ltd & Muztrans Limited

• Published date: 09 July 2026
• Subject Matter: Corporate/Commercial Law, Litigation, Mediation & Arbitration, Contracts and Commercial Law, Professional Negligence, Civil Law
• Law Firm: Fenwick Elliott LLP
• Author: Mr Ted Lowery

In the Technology and Construction Court

Before: Adrian Williamson KC sitting as a Deputy Judge of the High Court

Judgment delivered 26 May 2026

The facts

During January 2017, SESW placed an order with Monarch for the delivery of 3,660kg of ferric sulphate solution to its Hawks Hill water treatment plant near Leatherhead (ferric sulphate is employed as a coagulant to remove suspended solids and impurities). Monarch arranged for the delivery to be undertaken by Muztrans pursuant to a contract hire agreement dated 3 October 2012. Under this agreement, Muztrans contracted with Monarch to supply three 26 ton trucks and drivers trained in pumping over deliveries. The relevant trucks were specialist vehicles owned by Monarch, with their livery, and were leased to Muztrans for the purposes of the contract hire agreement. In addition: (i) clause 4.1 in the contract hire agreement made Muztrans responsible for providing the drivers and other personnel required for the proper performance of the services; (ii) clause 7 provided that the risk of loss or damage to the products whilst in the custody of the customer during loading and off-loading would be the responsibility of the customer; and, (iii) the contract hire agreement incorporated the Road Haulage Association Conditions of Carriage 2009.

Although employed by Muztrans, the driver selected to make the delivery to Hawks Hill...