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Water companies can be sued for polluting private waterways, Supreme Court rules

WATER companies face a “deluge” of legal claims for discharging sewage into privately owned waterways following a landmark Supreme Court ruling today.

Judges unanimously ruled that the owners of waterways have a legal right to bring a civil case of trespass or nuisance against a water company that pollutes their property.

They rejected United Utilities’ claim that the Water Industry Act 1991 provided an exemption to the common law rights, in the case brought by Manchester Ship Canal Company.

The ruling will empower angling groups across Britain to take direct action against water firms for sewage spills, added Penny Gane of Fish Legal.

United Utilities said it is considering the implications of the ruling and the clarification of the circumstances in which private owners could bring proceedings in respect of discharges. 

A government spokesperson said it is considering the case’s implications “for the water industry and for water billpayers in England and Wales.”
The regulator Ofwat said it was considering the implications on its regulatory functions.

Water UK, which represents water firms, said it needed Ofwat to green light a £100 billion investment plan to stem current “unacceptable levels” of sewage spills.

Green Party co-leader Adrian Ramsay said bringing all water companies back into public ownership is “the only credible option to end the unlawful dumping of sewage, stop rewarding shareholders for failure, and reinvest all profits back into fixing leaks and building new infrastructure.“

The Labour Party was contacted for comment.

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Britain / 24 February 2025
24 February 2025