A landmark Supreme Court judgement will open legal avenues to sue water companies for dumping sewage into waterways
The ruling follows a hearing in March 2023 over United Utilities’ attempts to avoid accountability over its sewage of the Manchester Ship Canal.
The Environmental Law Foundation brought an intervention in the hearing
The Environmental Law Foundation, backed by Good Law Project and represented by Hausfield, demonstrated that sewage pollution was a significant problem for river and marine communities across the country.
The judgement sets a significant precedent that has implications beyond the Manchester Ship Canal.
The landmark ruling means that polluting water companies could now be open to private legal action, as well as tougher action and fines from regulators.
The judgement has overturned two previous rulings in favour of United Utilities
The ruling has overturned two previous judgements in the High Court and Court of Appeal in favour of United Utilities who brought legal action against the Manchester Ship Canal Company in 2018.
The previous rulings shielded United Utilities and other polluting water companies against legal challenges from individuals and businesses affected by sewage pollution.
Worst offending water company for sewage dumping
The Environment Agency’s latest figures show that United Utilities has been the worst offending water company for sewage dumping since 2020.
Figures revealed that last year, the company discharged untreated sewage 97,500 times for a duration of over 650,000 hours.
“A positive day for environmental justice”
ELF’s joint executive director, Emma Montlake, said: “This was a ‘monster case’ as characterised by lead Counsel for the Manchester Ship Canal. Enormously complex, the outcome has the potential to be a game changer for communities up and down the land.
“Our water environments have been regularly polluted with untreated sewage, water biodiversity denuded and degraded with impunity by private water companies. This is a positive day for environmental justice, not just for the public, but for nature.”
Turning the tide on the sewage scandal
Good Law Project’s interim head of legal, Jennine Walker, said: “This is a sensational victory and a real boost to the clean-up of our rivers, waterways and seas. It gives us stronger legal tools to turn the tide on the sewage scandal and hold water companies to account after our toothless and underfunded regulators have failed to do so.
“We hope this landmark ruling empowers people and businesses to use the courts to challenge industrial-scale polluters like United Utilities, who have put profits and the shareholder interest over protecting our environment.”
