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Judgment handed down in The Tropical Zoo Ltd v The Mayor and Burgesses of the London Borough of Hounslow
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Martin Hutchings KC | Julian Greenhill KC | Daniel Petrides | Ernest Leung
Thursday 20 June 2024
PropertyTuesday 2 July 2024
The Supreme Court handed down judgment in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22 on 2nd July.
James McCreath appeared with Jonathan Karas KC (Falcon Chambers), James Maurici KC and Richard Moules KC (Landmark Chambers) representing United Utilities and instructed by Pinsent Masons.
The Supreme Court overturned the Court of Appeal’s judgment and held that where foul water was discharged into watercourses a common law claim for nuisance could be maintained. The Court, however, made clear that whether injunctive relief would follow would require consideration of the impact of such relief on the applicable regulatory framework. The Supreme Court also rejected the submission that Marcic v Thames Water plc [2003] UKHL 66 should be overruled: so, the only remedy for sewer flooding due to the inadequacy of sewerage infrastructure as described in Marcic was through the regulatory framework under the Water Industry Act 1991.
The judgment contains an important review of the law of nuisance and the case law dealing with the discharge of foul water into watercourses.
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Recent Cases
Property
Martin Hutchings KC | Julian Greenhill KC | Daniel Petrides | Ernest Leung
Thursday 20 June 2024
External Conferences
Thursday 26th September 2024
The Midland Hotel, Manchester
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Wednesday 10th July 2024
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Articles
Article by Martin Hutchings KC, 20th May 2024 To read or download this article as a PDF, please click here. Introduction Why s.84(1) powers of the Upper Tribunal matter. The powers of the UT are important to developers because they are... Read more
By Martin Hutchings KC
Monday 20 May 2024