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04 October 2024 / Richard Buckley
Issue: 8088 / Categories: Features , Public , In Court
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Sewers: a tale of two cases

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What constitutes nuisance when foul water escapes from overloaded sewers? Richard Buckley examines two cases, showing a change in water companies’ liability
  • Considers the decision of the Supreme Court in Manchester Ship Canal Co Ltd v United Utilities Water Ltd, and contrasts it with the decision of the House of Lords 20 years earlier in Marcic v Thames Water Utilities.

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 owing to their subjection to regulatory oversight, and to the enormous costs involved in repairing and rebuilding the sewage system? It is the historic inadequacies of that system which are usually the ultimate cause of the nuisance.

This question, with its undoubted topicality, has been the subject of major consideration by the highest court in two decisions, 20 years apart. In the more recent of the two, Manchester

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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Ward Hadaway—Maria Coster

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Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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