‘The Supreme Court in Manchester Ship Canal (No.2) [2024] UKSC 22 has decided that a riparian owner will have a right of action in private nuisance against a water company for discharge of foul water, without needing to show the water company’s negligence or deliberate misconduct. This is a substantial clarification of Marcic v Thames Water Utilities Ltd [2003] UKHL 66, which (it was thought) decided that such claims were barred against sewerage undertakers by the existence of the statutory scheme following privatisation. This decision may mark the beginning of group litigation against sewerage undertakers for discharging untreated sewage into rivers and canals.’
Henderson Chambers, 12th July 2024
Source: www.hendersonchambers.co.uk
