Sewage, Protests, and Empty Courts

Welcome to weekly legal/business updates, sharing the latest developments and noteworthy events in the legal and business sectors

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Supreme Court Rules Canal Company Can Bring Private Law Claim Over Sewage

The Supreme Court have overturned the High Court and the Court of Appeal and clarified that the owners of watercourses can bring actions in nuisance or trespass “in the event that the water is polluted by discharges of foul water”. In The Manchester Ship Canal Company v United Utilities Water Ltd has raised questions about the 1991 Water Industry Act which privatised the sector. United Utilities argued that they had “inherited a pre-existing implied statutory power to discharge water and treated effluent into private watercourses without the owners’ consent”. The Supreme Court dismissed this and ruled that United Utilities is responsible for trespass by discharging sewage.

You can find out more here.

Seven Courts Sat Empty

The Ministry of Justice have confirmed that seven courts are still in its ownership and sit empty, although some have been shut for more than five years. “More than half the courts across England and Wales were shut between 2010 and 2019, 164 of 320 magistrates courts were closed, with the sale of court buildings raising at least £223 million". Chichester Combined Court, Fleetwood Magistrates’ Court and Telford County Court are used as temporary Nightingale courts temporarily. Harlow Magistrates’ Court is being marketed, Exeter Magistrates’ Court has had contracts exchanged, and Scunthorpe remains empty.

You can find out more here.

Bitcoin Libel Claim

Mr Justice Mellor has found that the defamation claim in Craig Wright v Peter McCormack is part of a “mendacious overall campaign to lay a false claim to bitcoin assets worth many billions”. Mr Wright has used the law of defamation to silence anyone questioning his claim. Costs are likely to be recoverable for Mr McCormack in the sum of £1.54 million to help recover his own costs in the case.

You can find out more here.

Protests Restricted At 1200 Locations

Civil injunctions are in place at over 1200 locations, such as oil terminals, petrol stations and racetracks across England and Wales. They apply to anyone. Oil companies argue that these “orders are needed to prevent dangerous protests, but a lawyer acting for protesters says they are unfair and amount to a privatised system of justice”. The punishment for breaching an injunction can be up to two years imprisonment or an unlimited fine.

You can find out more here.

Ban On Onshore Wind Development Has Been Lifted

The National Planning Policy Framework had previously provided that onshore wind development proposals could only be brought in certain areas of England. This has now been removed in order to support the new governments aims of “scaling up renewable energy generation in the UK.

You can find out more here.

Fun facts for your friends…

Due to Section 8 of the Metropolitan Police Act 1839, it is illegal to walk along a pavement carrying a plant of wood. With the exception being if you are carrying it for loading or offloading to a vehicle. It was introduced to prevent creating hazards for pedestrians and prevent overloaded carts.

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