The Manchester Ship Canal Company Ltd v United Utilities Water Plc [2012] EWHC 232 (Ch) (14 February 2012)

The Manchester Ship Canal Company Ltd v United Utilities Water Plc [2012] EWHC 232 (Ch) (14 February 2012)

United Utilities Water PLC retains the right to discharge water via outfalls constructed before 1 September 1989, as these rights were transferred under the Water Act 1989 transfer scheme and were not extinguished by the Water Industry Act 1991 or related consolidation legislation.

Citation
[2012] EWHC 232 (Ch)
Parties
Claimant: The Manchester Ship Canal Company Limited; Claimant: The Bridgewater Canal Company Limited; Defendant: United Utilities Water PLC
Jurisdiction
England and Wales
Judgment Date
14 February 2012
Procedural Posture
Civil / Summary Judgment Application Under CPR Part 24
Outcome
Summary judgment granted in favour of United Utilities Water PLC regarding pre-1989 outfalls; claim dismissed as to those outfalls, subject to further submissions if necessary.
Legal Topics
Statutory Rights of Discharge, Transfer of Statutory Rights, Water Industry Privatisation, Sewerage Undertaker Powers, Effect of Consolidation Statutes, Compensation for Statutory Damage
Property Law Public Law Statutory Interpretation Environmental Law Statutory Rights of Discharge Transfer of Statutory Rights Water Industry Privatisation Sewerage Undertaker Powers +2 more

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Parties

The Manchester Ship Canal Company Limited

Claimant

The Bridgewater Canal Company Limited

Claimant

United Utilities Water PLC

Defendant

Procedural Posture

Civil / Summary Judgment Application Under CPR Part 24

Legal Issues

  1. 1 Whether United Utilities Water PLC retains a right to discharge water via outfalls constructed before 1 September 1989 under statutory transfer schemes and subsequent legislation
  2. 2 Whether the Water Industry Act 1991 and related legislation extinguished or preserved such rights

Ratio Decidendi

United Utilities Water PLC retains the right to discharge water via outfalls constructed before 1 September 1989, as these rights were transferred under the Water Act 1989 transfer scheme and were not extinguished by the Water Industry Act 1991 or related consolidation legislation.

Court Disposition

Summary judgment granted in favour of United Utilities Water PLC regarding pre-1989 outfalls; claim dismissed as to those outfalls, subject to further submissions if necessary.

Orders

  • Declaratory relief to be granted reflecting United Utilities' entitlement to discharge via pre-1989 outfalls.
  • Claim in respect of 106 outfalls into the Manchester Ship Canal dismissed, subject to further submissions at the case management conference.