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NEGLIGENCE
The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) No 2
Case summary
Case ID
UKSC/2022/0121
Parties
Appellant(s)
The Manchester Ship Canal Company Ltd
Respondent(s)
United Utilities Water Ltd
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.
Date of issue
25 July 2022
Judgment appealed
Judgment details
Judgment date
2 July 2024
Neutral citation
[2024] UKSC 22
Judgment links
Judgment summary
2 July 2024
Appeal
Justices
Hearing dates
Full hearing
Start date
6 March 2023
End date
7 March 2023
Watch hearings
6 March 2023 - Morning session
6 March 2023 - Afternoon session
7 March 2023 - Morning session
7 March 2023 - Afternoon session
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Change log
Last updated 16 April 2024