
Richard Buckley considers the affluent (water companies) and the effluent (sewage disgustingly discharged into public waterways) in this week’s NLJ
Pollution of England’s rivers and waterways is, unfortunately, a topical issue. But how do you pin down those responsible and make them repair the infrastructure so it stops?
Buckley, barrister and emeritus professor of law, University of Reading, looks at two major cases, 20 years apart, regarding this problem. He addresses the question: ‘Should water companies, when acting as sewerage operators, be subject to the ordinary law of nuisance when foul water escapes from their land on to that of their neighbours? Or should they enjoy some special immunity from common law liability?’