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 August 24, 2026 High Court finds that Ombudsman’s decision on compensation was not rational... legal updates August 24, 2026 Lawbite: Falcons, neighbours and the limits of nuisance: negligence fills t... legal updates August 24, 2026 UK: FCA finalises fund liquidity rules legal updates August 21, 2026 The Remediation Bill: A new era of compulsory remediation firm news August 19, 2026 Balancing risk and security: Eversheds Sutherland advises the Trustee of th... client news August 13, 2026 Eversheds Sutherland advises H.I.G. Capital on investment in Phoenix ME client news August 13, 2026 Eversheds Sutherland reappointed to the UK's Government Commercial Agency l... firm news August 12, 2026 William A. Nelson, Former Investment Adviser Association Policy Leader, Joi... virtual Education Webinar - Disability discrimination and reasonable adjustments September 10, 2026 11:00AM - 12:00PM virtual UAE - Employment law in the Dubai International Financial Centre September 10, 2026 9.30am - 1.30pm (GMT) Virtual in-person Managing AI use in the workplace: what every UK HR team needs to know September 10, 2026 9.30am - 1.00pm (BST) London, United Kingdom virtual Education Webinar - IP commercialisation for education institutions September 16, 2026 11:00AM - 12:00PM |