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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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