Manchester Ship Canal Company Limited v United Utilities Water Ltd (No. 2)
July 2, 2024
Today the Supreme Court handed down judgment in the long running case of Manchester Ship Canal Company Limited v United Utilities Water Ltd (No. 2) [2024] UKSC 22 which arose out of the highly topical problem of what remedies can be utilised by those affected by discharges of untreated sewage from Combined Sewer Overflows into rivers and lakes around the country.
In a lengthy and carefully structured judgment covering numerous issues including, in particular, statutory interpretation, tort law and injunctive versus monetary remedies Lords Reed (P) and Hodge, in a unanimous judgment from the bench of seven judges, granted the ship canal company’s appeal.
This leaves open the prospect of the canal company and all those who own or enjoy rights over watercourses from bringing claims in nuisance against sewerage undertakers arising from discharges of untreated sewage into rivers and watercourses.
Charles Morgan and Nicholas Ostrowski appeared for the Manchester Ship Canal Company Ltd instructed by BDB Pitmans, Stephen Hockman KC appeared for the Intervenors (the Environmental Law Foundation) instructed by Hausfeld.
Six Pump Court will be hosting a lunchtime seminar online tomorrow (3 July 2024) at 1.00pm entitled ‘First thoughts on the implications for nuisance claims of the Supreme Court’s decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2)’. If you would like to attend please email joanne.ashby@6pumpcourt.co.uk
