Tuesday 29 – Thursday 31 March 2022
The Claimant (‘C’) seeks permission to appeal the order of Fancourt J sitting in the Business and Property Court dated 15 June 2021 by which he: 1) declared that United Utilities is and continues to be entitled to discharge water and/or other matter into the Manchester Ship Canal; 2) dismissed C’s claim and ordered that C pay D’s costs.
Fancourt J gave permission to appeal in relation to a Part 8 claim that was heard at the same time but refused permission to appeal in relation to the preliminary issue, permission being subsequently granted by the Court of Appeal.
C is the owner of the Manchester Ship Canal which runs for over 35 miles from just east of Salford Quays in Greater Manchester to the Mersey Estuary at Eastham. The Defendant United Utilities Water Limited (`D’) is the water and sewerage undertaker for the North West region, appointed under the Water Industry Act 1991.