Jonathan Karas Q.C. successfully applies to strike out a claim by Manchester Ship Canal Co Ltd.
Jonathan Karas Q.C. (leading Julian Greenhill Q.C. and James McCreath) acting on behalf of United Utilities successfully applied to strike out a claim by Manchester Ship Canal Co Ltd. The Canal Company is part of the Peel Group.
The claim was that discharges from post-privatisation sewers through pre-privatisation outfalls into watercourses were unlawful. The United Utilities team lead by Jonathan had previously succeeded in establishing in the Supreme Court that discharges from pre-privatisation outfalls were lawful (Manchester Ship Canal Co Ltd v United Utilities Water plc  UKSC 40). Barling J held that the new claim was unmeritorious and that effluent originating in post-privatisation sewers could lawful be discharged from pre-privatisation outfalls.
The judgment is of wide importance to sewerage undertakers and watercourse owners. The judgment also considers in detail cause of action, issue estoppel and abuse of process.
The reference for the full judgment is  EWHC 1495.
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