Thames Water - comment

The Class B practice letter is a valiant attempt to defuse the A’s argument that the B-Proposal is “unimplementable”. The B’s won a stage victory to have their proposal heard on Jan. 20th. Thereafter, both proposals are to be heard on Feb. 3rd. We see the court’s choice as a matter of materiality. Is the B-Proposal sufficiently superior to justify setting a systemic precedent for a Cram-Up? Please call if you have a view.