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16 July 2024
Disputes Quick Read – 7 of 99 Insights
Important environmental ruling?
- Quick read
Hot off the back of our article on climate change litigation developments in the first half of 2024 (which you can read about here), the second half of 2024 starts with a highly anticipated ruling on private waterway owners affected by sewage discharges. We assess its impact.
The case
This was an appeal to the Supreme Court, which was asked to determine whether the Manchester Ship Canal Company, as owner of the beds and banks of the relevant canal, could bring a common law claim in nuisance or trespass against United Utilities Water Ltd in relation to their discharges of foul water from the sewage network into the canal. United Utilities argued that Manchester Canal could not bring such an action as the Water Industry Act 1991 excluded common law rights of action and nuisance. The case was a question of statutory interpretation.
The Supreme Court held that the 1991 Act did not prevent Manchester Canal from bringing a claim in nuisance or trespass. As an organisation which exercises statutory powers, United Utilities could be liable for such actions unless it was acting within its statutory powers, or had been granted statutory immunity.
As to the first point, the Supreme Court held that the 1991 Act does not expressly or impliedly authorise United Utilities to cause a nuisance/trespass by discharging foul water into the canal. As to the second point, the Supreme Court found that Parliament did not intend the 1991 Act to prevent a claimant from enforcing its common law rights. The 1991 Act is a consolidating statute and so was intended principally to restate rather than amend the law and in the circumstances, it was clear that there had been a common law claim in nuisance for hundreds of years. There was also nothing in the 1991 Act that indicated that Parliament intended to remove that common law right when the law was consolidated, and there were indications that Parliament had intended that common law rights be retained.
Impact
This case is very significant for private waterway owners affected by sewage discharges. It may embolden claimants, leading to a surge in similar cases, particularly as water companies across the country have faced immense scrutiny in relation to waste discharge in recent years, and one factor the Supreme Court took into account was that United Utilities could take steps to reduce and prevent such discharges.
However, its impact will be limited to the water industry only. The case was about a specific statutory interpretation issue in relation to the 1991 Act and the judges followed the usual approach to such statute-based cases: their judgment focuses on assessing parliament's intention and they do not appear to have been influenced by wider environmental public policy concerns. Whilst undoubtedly significant, therefore, as a measure of the impact of climate and sustainability litigation more generally, it is of limited value.
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Witness familiarisation - does it affect the court's assessment of witness credibility?
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The use of AI in Trial Witness Statements post-PD 57AC
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Pre-Action Protocols – what is different?
12 September 2023
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Failure to prevent fraud – a new offence?
14 August 2023
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Supreme Court rules that APP fraud victims cannot rely on Quincecare Duty
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The Law Commission's Consultation Process on the Arbitration Act 1996 – taking stock
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10 July 2023
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20 April 2023
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Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
17 June 2022
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Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
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Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
21 April 2021
Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
31 March 2021
Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
26 February 2021
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24 February 2021
Disputes Quick Read: What lawyers need to know about new witness statement preparation rules
20 January 2021
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
12 January 2021
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Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
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Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
16 October 2020
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Disputes Quick Read: Why the modernised LCIA rules are a welcome update
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9 April 2020
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15 April 2020
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21 April 2020
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11 March 2020
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Disputes quick read: climate change activism by litigation
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Disputes Quick Read: Commercial Court's arbitral power shift
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Disputes Quick Read: Court stays evictions during COVID-19 – is this lawful?
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Disputes Quick Read: Will the civil justice system change forever post COVID-19?
16 June 2020
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Disputes Quick Read: The contra proferentem rule reconsidered?
21 July 2020
Disputes Quick Read: Scope of duty and the SAAMCo counterfactual following Manchester Building Society
3 December 2021
Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
24 November 2021
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Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
8 October 2021
Disputes Quick Read: Climate change litigation – what's the latest?
10 January 2022
Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
20 January 2022
Disputes Quick Read: Assumption of responsibility - tax schemes and investors
22 March 2022
Disputes Quick Read: Dealing in crypto? Be careful what you call it
7 April 2022
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