Lawbite: Falling foul of property rights – sewerage undertakers cause a nuisance (England & Wales)
July 12, 2024
Lawbite: Falling foul of property rights – sewerage undertakers cause a nuisance (England & Wales)July 12, 2024 The Supreme Court has (England & Wales) overturned the decision of the Court of Appeal and found that owners of bodies of water have property rights vested in it, including the right to preserve the quality of the water. Therefore, the Supreme Court concluded that there exists an actionable nuisance if such property rights are interfered with. The context of proceedingsThe Manchester Ship Canal Company Ltd (“MSCC”) is the owner of the Manchester Ship Canal (“the Canal”). United Utilities Water Ltd (“UU”) are the appointed sewerage undertaker for the North West of England. The Supreme Court's decisionThe Act does not authorise sewerage undertakers to cause a nuisance or trespass by discharging untreated sewerage into watercourses. This cannot be taken to be the inevitable consequence of the performance of UU’s statutory authority under the Act. The SC’s interpretation of the Act was that it does not contain an express “ouster” of all common law causes of action and remedies to protect the individual’s right to the peaceful enjoyment of their property. Key points
Key contacts
Latest Insights
Latest News
Latest Events
legal updates October 23, 2026 Autumn Budget 2026: Tax Predictions legal updates October 23, 2026 Supreme Court: payments to settle regulatory investigations are not tax ded... guides and reports October 23, 2026 EU: Empowering Consumers for the Green Transition Directive legal updates October 22, 2026 Lawbite: Dilapidations Decoded: Repair or Replace, and the Cap on Damages firm news October 20, 2026 Eversheds Sutherland expands global disputes platform client news October 14, 2026 Eversheds Sutherland advises on the acquisition of The Lake Como EDITION client news October 13, 2026 Eversheds Sutherland advises Clara Trustee on trio of UK superfund transact... client news October 13, 2026 Eversheds Sutherland advises RWE on sale of stake in Five Estuaries Offshor... hybrid Europe Action Week 2026 Europe Action Week returns this November with a dynamic mix of events designed to help you navigate what’s next. virtual Delivering education in UAE - legal considerations for UK education institu... November 03, 2026 11:00AM virtual French employment law training November 03, 2026 2pm - 5pm (GMT) Virtual virtual Education Webinar - Restructuring, redundancy and contractual variation November 04, 2026 11:00AM - 12:00PM |