0
The Supreme Court is sitting in Manchester for the first time today, see: Supreme Court to sit in Manchester for the first time - Judicial Committee of the Privy Council (JCPC) and Supreme Court to sit in Manchester for the first time next week - Manchester Evening News.
The Supreme Court will today and tomorrow hear the appeal in Manchester Ship Canal Company Limited v United Utilities Water Limited.
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.
The appeal was featured in The Lawyer’s top 10 appeals of 2023.
James Maurici KC and Richard Moules are part of the Counsel team (with Jonathan Karas KC and James McCreath) representing United Utilities on the appeal.
