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.
