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Manchester Ship Canal Limited v United Utilities [2013] EWCA Civ 40

In Manchester Ship Canal Limited v United Utilities [2013] EWCA Civ 40, the Court of Appeal allowed an appeal against a decision of Newey J that distinguished the Court of Appeal’s earlier decision in British Waterways Board v Severn Trent Water. In that earlier case it had been held that sewerage undertakers had no implicit power to continue to discharge from their sewers following privatisation of the water industry. The Court of Appeal expressed doubt about the correctness of its earlier decision but held that the Judge had incorrectly distinguished it. Permission to appeal to the Supreme Court was granted. Jonathan Karas QC acted for United Utilities


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