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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.
Surfers Against Sewage chief Giles Bristow said: “This is a welcome sign that the paper-thin dam that has held water companies back from accountability for their profiteering pollution, is about to break. Bring on the deluge.”
Steven Whittle, regional organiser for GMB, which represents many water firm workers, said: “Today’s ruling is a big positive in the battle to clean up the UK’s waterways.
“Not only will it force companies to take more responsibility for the sewage they dump, allowing private companies to bring civil claims will essentially mean more water police on the streets.”
Unison head of environment Donna Rowe-Merriman said: “This ruling not only upholds the integrity of the Manchester Ship Canal, it also serves as a crucial reminder to all water companies about their responsibility to preserve and protect natural resources.”
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.
