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04 October 2024 / Richard Buckley
Issue: 8088 / Categories: Features , Public , In Court
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Sewers: a tale of two cases

191471
What constitutes nuisance when foul water escapes from overloaded sewers? Richard Buckley examines two cases, showing a change in water companies’ liability
  • Considers the decision of the Supreme Court in Manchester Ship Canal Co Ltd v United Utilities Water Ltd, and contrasts it with the decision of the House of Lords 20 years earlier in Marcic v Thames Water Utilities.

Should water companies, when acting as sewerage operators, be subject to the ordinary law of nuisance when foul water escapes from their land on to that of their neighbours? Or should they enjoy some special immunity from common law liability owing to their subjection to regulatory oversight, and to the enormous costs involved in repairing and rebuilding the sewage system? It is the historic inadequacies of that system which are usually the ultimate cause of the nuisance.

This question, with its undoubted topicality, has been the subject of major consideration by the highest court in two decisions, 20 years apart. In the more recent of the two, Manchester

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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