The Good Law Project: Water company told its business model is “based on breaching statutory duties” over sewage discharges into Manchester Ship Canal
In 2021, United Utilities discharged 81,588 sewage spills through its network of storm overflows – the largest number by any water company. Next week, the Environment Agency will release new annual figures for 2022, detailing how often water companies have pumped untreated sewage into our rivers, waterways and shores.
But as we wait to see if United Utilities tops the charts again, we have cast our minds back to the landmark challenge heard earlier this month in the Supreme Court against the water company’s attempts to avoid accountability over sewage dumping into the Manchester Ship Canal.
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As we wait for the outcome, we have been going over what was said in court. These incisive comments from Lord Reed, aimed at United Utilities’ legal counsel, particularly stood out:
“The striking feature of your case is essentially a breach of a rule of law, that your business model is based on breaching statutory duties. That is an inevitable part of the way you carry out your business, you tell us. Not only is the court meant to tolerate this, but those who suffer loss as a result of unauthorised behaviour contrary, we are hypothesising, to a statutory duty are meant to grin and bear it.”
