Supreme Court allows environmental law charity to take over conduct of appeal after out-of-court settlement by parties

ELF said the decision was unusual and followed an out-of-court settlement between appellants the Manchester Ship Canal Company and United Utilities shortly before the court was due to hear the case.

The ELF and the Canal & River Trust (CRT) were both interveners and declined to consent to the appeal being withdrawn because of wider public interest issues.

Explaining the case, the two bodies said the main question to resolve was whether, when pollution or environmental harm occurs, can those affected take direct legal action or is that right limited where statutory compulsory powers are involved?

Communities affected by pollution are often heavily dependent on regulators to investigate and enforce environmental law but where this is delayed, limited or absent, private legal claims can provide another route to justice, ELF said.

The charity said United Utilities secured compulsory powers from the Government for major infrastructure works in Greater Manchester.

But Manchester Ship Canal Company argued those powers should not undermine its ability to bring future private legal claims if pollution or other actionable harm occurred.

The case was due to reach the Supreme Court in June 2026, but the parties reached a private settlement and Manchester Ship Canal Company sought to withdraw its appeal. 

ELF chief executive Robin Pierro said: “When the original parties settled, this case could simply have disappeared despite raising questions with consequences far beyond either party.

“We did not believe that was right. ELF works with hundreds of communities facing environmental harm every year, and we know how vital meaningful routes to accountability are when regulatory action fails to deliver. We are delighted that these important questions will now be heard.”

Mark Smulian