BDB Pitmans and Manchester ship canal win historic Supreme Court decision

BDB Pitmans, representing Manchester Ship Canal, has won a landmark High Court victory establishing the right of private property owners to take legal action against water companies for discharging raw sewage into canals, rivers and other bodies of water in England and Wales.

The Supreme Court’s decision in The Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No 2) clarifies that Manchester Ship Canal can claim damages for unauthorized waste discharges. This ruling could lead to significant claims against sewer companies for water pollution.

The case marks the latest development in a protracted legal battle between Peel Group-owned Manchester Ship Canal and United Utilities. The canal, built in the 1890s, stretches 36 miles from the Mersey Estuary to Salford Quays and has more than 100 outlets used by United Utilities to release effluent from its sewage network. Although most effluents are treated, raw sewage is discharged during periods of network overcapacity. The Supreme Court noted that these spills could be prevented by improving infrastructure.

The Supreme Court’s unanimous decision overturns previous High Court and Court of Appeal rulings, allowing the Manchester Ship Canal to bring nuisance or trespass claims for unauthorized sewage discharges even in the absence of negligence or willful misconduct. The court emphasized that water companies cannot offload the cleanup costs of unauthorized discharges onto waterway owners, saying successful claims will prevent sewer operators from outsourcing their operational costs to the victims of their illegal activities.

Richard Langley, Senior Partner at BDB Pitmans, commented: “The judgment has significant consequences for the water industry and for those affected by unauthorized sewage discharges. Any watercourse owner now has the right to bring common law claims for water pollution and seek actions or damages for unlawful interference.”

The BDB Pitmans team, led by Richard Langley and supported by Litigation Senior Associate Judith Smyth, Legal Director Katie Smith and Planning Consultant Nicholas Brown, trained a team of leading counsel including Thomas de la Mare KC and George Molyneaux of Blackstone Chambers , alongside Six Pump Court’s Charles Morgan and Nicholas Ostrowski.