Water & utilities

Overview

Six Pump Court Chambers is renowned for its very broad and deep expertise and experience across the entire range of public and private law issues involving water and the water industry, including:

• regulatory prosecution and defence work
• civil claims in trespass and nuisance arising from unauthorised and/or polluted discharges of water or sewage
• public and private law claims relating to flooding of land and properties by either water or sewage
• flood defence issues
• land drainage issues
• planning issues concerning the supply of water or sewerage services, flooding and protection of aqueous habitats
• water resources and abstraction licensing issues
• statutory appeals concerning the grant or conditions of environmental permits and trade effluent consents and their suspension or revocation
• statutory charging schemes
• the constitutional structure of the industry, such as reorganisation of internal drainage boards, harbour revision orders and disputes over undertakers’ duties and areas of supply or terms of appointment
• navigation and mooring rights
• structures over, in or under water such as bridges, weirs, sluices and fish passes
• private water rights

Members of Chambers act for and against regulators (including the Environment Agency, National Resources Wales and Ofwat), NGOs, water undertakers, sewerage undertakers, internal drainage boards, local authorities, commercial companies and landowners.

Chambers also regularly receives instructions to provide advice and/or representation in similar disputes concerning other utilities including electricity and gas and has members familiar with the applicable statutory regimes.

Amongst very many other cases, members of Chambers have been involved in the following, particularly significant, reported cases in the higher courts concerning water or the water industry (in chronological order):

National Rivers Authority v The Newcastle & Gateshead Water Company (1990) RVR 48 (House of Lords)

 R v Anglian Water Services Ltd [2004] Env LR 10 (Court of Appeal, Criminal Division)

Marcic v Thames Water Utilities Ltd [2004] 2 AC 42 (House of Lords)

London Borough of Hounslow v Thames Water Utilities Ltd [2004] QB 212 (Divisional Court)

Arscott v The Coal Authority [2005] Env LR 6 (Court of Appeal, Civil Division)

R (Thames Water Utilities Ltd) v Bromley Magistrates Court [2007] 1 WLR 1945 (Court of Justice of the European Communities)

R (Thames Water Utilities Ltd) v Bromley Magistrates Court and another (Water Services Regulation Authority intervening) [2009] PTSR 650  (Divisional Court)

R v Thames Water Utilities Ltd [2010] 3 All ER 47 (Court of Appeal, Criminal Division)

Dobson v Thames Water Utilities Ltd [2011] EWHC 3253 (TCC)

R (Thames Water Utilities Ltd) v Bromley Magistrates Court (No 2) [2013] 1 WLR 3641 (Divisional Court)

The Manchester Ship Canal Co Ltd v United Utilities Water Ltd [2014] 1 WLR 2576 (Supreme Court)

R (The Heath and Hampstead Society) v The Mayor and Commonality and Citizens of the City of London [2015] PTSR 987 (Planning Court)

Mustafa v London Borough of Enfield and Thames Water Utilities Ltd [2019] 1 WLR 3196 (Administrative Court)

Hall v Environment Agency [2018] 1 WLR 1433 (Technology and Construction Court)

Mott v Environment Agency [2018] 1 WLR 1022 (Supreme Court)

Wild Justice v The Water Services Regulation Authority [2022] EWHC 2608 (Admin) (Administrative Court)

The Manchester Ship Canal Co Ltd v Secretary of State for Environment [2023] Env LR 24 (Administrative Court)

Affinity Water Ltd v High Speed Two (HS2) Ltd [2024] EWHC 687 (TCC) (Technology and Construction Court)

United Utilities Water Ltd v The Manchester Ship Canal Co Ltd [2024] 3 WLR 356 (Supreme Court)

R (Pickering Fishery Association) v Secretary of State for the Environment, Food and Rural Affairs [2025] EWCA Civ 378