The Manchester Ship Canal Company Ltd v United Utilities Water Plc

The Manchester Ship Canal Company Ltd v United Utilities Water Plc

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

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
Outcome
Summary judgment granted in favour of United Utilities Water PLC as regards pre-1989 outfalls; claim dismissed in respect of those outfalls, subject to further submissions if required.
Legal Topics
Statutory Rights of Discharge, Transfer of Statutory Rights, Consolidation of Water Legislation, Compensation for Damage, Implied Statutory Powers
Property Law Statutory Interpretation Water Law Statutory Rights of Discharge Transfer of Statutory Rights Consolidation of Water Legislation Compensation for Damage Implied Statutory Powers

Case Brief

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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

Legal Issues

  1. 1 Whether United Utilities Water PLC has a right to discharge water via pre-1989 outfalls into the Manchester Ship Canal and Bridgewater Canal
  2. 2 Whether the Water Industry Act 1991 and related legislation extinguished or preserved statutory rights of discharge acquired under previous legislation
  3. 3 Whether transfer schemes under the Water Act 1989 transferred rights of discharge to United Utilities

Ratio Decidendi

United Utilities Water PLC retains the statutory right to discharge water via outfalls constructed before 1 September 1989, as such 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 as regards pre-1989 outfalls; claim dismissed in respect of those outfalls, subject to further submissions if required.

Orders

  • Declaratory relief granted confirming United Utilities' entitlement to discharge via pre-1989 outfalls.
  • Claim dismissed in respect of 106 outfalls into the Manchester Ship Canal constructed before 1 September 1989, subject to further submissions.