Environmental Law Foundation in legal victory against water firm after sewage spill

ERF grantee the Environmental Law Foundation (ELF) had a significant victory in July 2024, when the Supreme Court ruled against a UK water company after a Manchester canal became polluted with untreated sewage. Despite the poor water quality, the Manchester Ship Canal, a 36-mile long inland waterway, has several nature reserves along its banks, populated with many species of birds and insects. This landmark judgment sets a significant precedent, meaning that now polluting water companies could be open to private legal action, as well as tougher action and fines from regulators.

The Manchester Ship Canal Company Ltd, (MSCC), was seeking to sue the United Utilities Water Ltd, over the dumping of raw sewage into the waterway. Throughout 14 years of litigation between the two parties, it had previously been ruled by the High Court and Court of Appeal that water companies could not be sued by private individuals or businesses over sewage dumping. This led the MSCC to take an appeal against those rulings to the Supreme Court.

ELF, which offers legal advice and assistance to those speaking up for the protection of the UK’s open spaces, wildlife, land use and waterways, had intervened in the case in support of MSCC. Through ELF’s intervention it was demonstrated that sewage pollution was a significant problem for river and marine communities across the country and not just the Manchester Ship canal.

Ultimately, in July 2024, the Supreme Court ruled that the canal’s owner (The Manchester Ship Canal Company) is entitled to seek redress for unauthorised discharges of foul water by a sewage utility, (the United Utilities Water Ltd).

ELF stated that; “This case has the potential to be a gamechanger for situations where there is foul water discharge into watercourses for those who hold proprietorial rights… A landmark Supreme Court judgment today could pave the way for cleaner rivers, waterways and seas as new legal avenues open up to sue water companies for dumping sewage.”

The latest figures published by the Environment Agency show that United Utilities Water has been the worst offending water company for sewage dumping since 2020. Last year the company discharged untreated sewage 97,500 times for a duration of over 650,000 hours.