Private Law, Statutory Powers and Environmental Disputes: <i>Manchester Ship Canal Company v United Utilities (No 2)</i>

Abstract In Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No 2) the UK Supreme Court unanimously held that the Water Industry Act 1991 did not prevent claims being brought in trespass or nuisance against United Utilities for foul water discharges into the Manchester Ship Canal. The judgment is significant because it opens the door to similar claims being brought against sewerage undertakers, which many had thought were statutorily blocked off following the House of Lords’ decision in Marcic v Thames Water Utilities Ltd. While the result of the decision has understandably been welcomed by environmental groups, this analysis argues that the Supreme Court’s reasoning reveals a more complex picture. In particular, the court’s refusal to overrule Marcic and the expansive way the court conceives of the private rights of property holders are matters for concern for anyone looking to private law as a way of remedying environmental harms.