The Weekly Law Reports
[2022] 3 WLR 1193
Court of Appeal
Manchester Ship Canal Co Ltd
v
United Utilities Water Ltd
United Utilities Water Ltd
v
Manchester Ship Canal Co Ltd
[2022] EWCA Civ 852
2022 March 29, 30, 31; June 27
Asplin, Arnold, Nugee LJJ
Water— Sewerage— Discharge— Untreated effluent discharged into canal from sewerage undertaker’s outfalls following heavy rainfall— Whether canal owner having private right of action against sewerage undertaker— Whether such action inconsistent with statutory scheme for enforcement of sewerage undertakers’ duties—
Water Industry Act 1991 (c 56), ss 117(5), 186(3)[1]
Water— Sewerage— Discharge— Agreement between canal owner and sewerage undertaker giving sewerage undertaker right to discharge water from its outfalls into canal— Right terminable on notice from canal owner— Whether agreement ultra vires and void— Whether sewerage undertaker having continuing statutory right to discharge following termination of agreement—
Public Health Act 1875 (38 & 39 Vict c 55), ss 16, 18[2]
—
Public Health Act 1936 (26 Geo 5 & 1 Edw 8, c 49), ss 15, 22[3]