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
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