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15 February 2013
Issue: 7548 / Categories: Case law
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Public health

Manchester Ship Canal Company Ltd and another v United Utilities Water plc [2013] EWCA Civ 40, [2013] All ER (D) 72 (Feb)

On the true interpretation of s 4 of the Water Act 1989, the expression “rights...under enactments” was not apt to cover the implied right of discharge. It was clear from s 4 that the transfer scheme was intended to apply to the whole of the transferor’s sewerage undertaking. It was clearly the purpose of the transfer scheme to ensure that all assets and rights were vested in the successor company by a single document. Therefore, the transfer scheme was not limited to matters for which a written agreement was required, or to transfers of non-assignable contracts or to property-related rights and liabilities.

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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