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 InsightsLatest News
Latest Events
legal updates November 12, 2026 COP31: Leaders’ Summit | Zero Waste - The business case for zero waste legal updates November 12, 2026 UK whistleblowing reform: the key changes under consultation legal updates November 12, 2026 The Building Safety Framework in Wales guides and reports November 12, 2026 Setting the standards Our international Higher Education practice client news November 06, 2026 Eversheds Sutherland advises Mercedes-Benz on European fast-charging partne... firm news November 05, 2026 Eversheds Sutherland hires partner Peter Cheng to lead Hong Kong ECM practi... firm news October 27, 2026 Eversheds Sutherland (International) announces senior leadership appointmen... firm news October 26, 2026 Eversheds Sutherland deepens fintech and regulatory bench with double partn... 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 Belgian employment law training November 17, 2026 2.00pm - 5.00pm (GMT) Virtual virtual Education Webinar - An overview of apprenticeship agreements November 17, 2026 11:090PM - 12:00PM in-person Industrial relations masterclass November 18, 2026 9.30am - 4.30pm (GMT) London, United Kingdom |