United Utilities is shortly due to appear in the Supreme Court in Manchester at 11am for the start of a two day hearing to argue it should not be held liable by private landowners and individuals for sewage released into UK waterways.
One of Britain's largest privatised water companies, United Utilities is being challenged in the Supreme Court in an appeal which arises out of a long-running dispute with the Manchester Ship Canal Company Ltd (MSCC) over discharges into the Manchester Ship Canal from sewers operated by the utility.
Back in 2018, United Utilities sought legal clarification on whether it could be sued for the sewage it has discharged into the Manchester Ship Canal.
Today’s appeal centres around whether the MSCC, the owner of the canal, can bring a private law claim in nuisance and/or trespass against United Utilities in respect of unauthorised discharges of untreated foul water by into the canal.
United Utilities had applied to the court for a declaration that no such cause of action was available to MSCC (absent an allegation of negligence or deliberate wrongdoing by the water company).
The essence of United Utilities’ argument was that the proposed private law claims were impliedly ousted by the Water Industry Act 1991, which provides a statutory enforcement mechanism for breaches of duty by sewerage undertakers.
United Utilities was successful before both the High Court and the Court of Appeal - MSCC is now appealing to the Supreme Court.
The High Court ruled that United Utilities could not be subject to private legal action for the discharges.
Last year The Good Law Project was given permission to intervene in an appeal by the canal owner to try and overturn the High Court decision. However, the Court of Appeal also sided with United Utilities.
Commenting on the previous decisions, The Good Law Project said:
"In effect, it leaves enforcement action down to the regulators to carry out. But, as we have seen, the Environment Agency and Ofwat are toothless following years of Government underfunding and inaction."
The Environmental Law Foundation, supported by The Good Law Project, is intervening in the latest appeal by MSCC with the permission of the Supreme Court.
The Good Law Project is also involved in two other ongoing cases which aim to tackle the devastating impact of sewage dumping and agricultural pollution on our rivers, waterways and seas, namely:
- a legal challenge against the Government’s lack of an appropriate action plan for combating sewage being dischargeded into coastal waters
- seeking an appeal which aims to protect the River Wye Special Area of Conservation from farming pollution.
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