WATER companies could face a raft of legal challenges after the Supreme Court ruled yesterday that a canal company can bring a lawsuit against United Utilities over the discharge of sewage.

United Utilities had argued that the owners of the Manchester Ship Canal could not seek redress over the release of untreated sewage into the canal.

The High Court and Court of Appeal had previously ruled in favour of United Utilities.

But the Supreme Court ruled unanimously that Manchester Ship Canal Company Limited was entitled to bring a claim over the pollution.

The judgment noted, however, that "there is no suggestion that these polluting discharges are caused by negligence or deliberate wrongdoing on the part of United Utilities."

Richard Langley, a partner at BDB Pitmans who represented the Manchester Ship Canal, said: "The judgment has significant consequences for the water industry and those affected by unauthorised sewerage discharges. Any watercourse owner will now have a right to bring claims in common law nuisance in respect of pollution to their water, whether directly or upstream."

A spokesperson for United Utilities said it was considering the implications of the ruling.

(c) 2024 City A.M., source Newspaper