The case, heard at the Technology and Construction Court in London, stems from building the Baylham Care Centre in a rural area to the north of the city. Due to its remote location, and proximity to the river Gipping (know downstream as the river Orwell), it was not connected to the mains sewer. A package sewage treatment plant was installed instead.
However, the plant proved to be incapable of treating the waste it received, leading the Environment Agency to order its removal. Rather than upgrade it, the nursing home opted to connect to the mains sewer – a costly choice, considering the distance and gradient. It also initiated legal action against locally-based builder Mixbrow.