The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) No 2
Case ID: 2022/0121
Case summary
Issue
Can The Manchester Ship Canal Company Limited (“MSCC”) bring a private law claim in nuisance and/or trespass against United Utilities Water Limited (“UU”) in respect of unauthorised discharges of untreated foul water by UU into the canal?
Facts
The appeal arises out of a long-running dispute between MSCC and UU concerning discharges into the Manchester Ship Canal from sewers operated by UU. MSCC is the owner of the canal. UU is the sewerage undertaker for the North West of England. MSCC threatened to bring a private law claim in nuisance and/or trespass against UU in respect of unauthorised discharges of untreated foul water by UU into the canal. UU 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 UU). The essence of UU’s 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. UU was successful before both the High Court and the Court of Appeal. MSCC now appeals to the Supreme Court.
Judgment appealed
Parties
Appellant(s)
The Manchester Ship Canal Company Ltd
Respondent(s)
United Utilities Water Ltd
Appeal
Justices
Lord Reed, Lord Hodge, Lord Lloyd–Jones, Lord Burrows, Lord Stephens, Lady Rose, Lord Richards
Hearing start date
6 March 2023
Hearing finish date
7 March 2023
| Watch hearing | ||
|---|---|---|
| 6 March 2023 | Morning session | Afternoon session |
| 7 March 2023 | Morning session | Afternoon session |
Future Judgment Update
Please note that appeal in the matter of The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) No 2 has been heard by the Supreme Court and is currently awaiting judgment.
As soon as the judgment hand-down date is confirmed, it will be published on the Future judgments page of this website. As a very broad indication, judgments tend to follow between three to nine months after the conclusion of the appeal hearing, although in some cases it may be earlier than that. Information about judgment hand-downs is usually announced one week in advance. We are unable to give any indication of the likely hand-down date for judgments not listed on the Future judgments page.