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The Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc; CA 7 Feb 2013

References: [2013] EWCA Civ 40, [2013] WLR(D) 50, [2013] 2 All ER 642, [2013] Env LR 20, [2013] 1 WLR 2570
Links: Bailii, WLRD
Coram: Arden, Sullivan, Patten LJJ
‘This appeal is concerned with limited but important aspects of one power of sewerage undertakers, the implied power to discharge the contents of . . sewers . . on to third party property without the owner’s consent (‘the implied right of discharge’). This court held that that right was implied in the statutory framework governing sewerage undertakers in 1897. The central question on this appeal is this: was this right, as Newey J held, permanently saved from repeal in 1989 or 1991, as respects outfalls from sewers in place in 1989, because it was transferred under statutory transfer schemes for the transfer of property, rights and liabilities from the then sewerage undertakers to successor companies in preparation for privatisation in 1989?’

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