June 8th, 2026
Update on ELF’s Intervention in the Manchester Ship Canal Supreme Court Case
Over the past several months, ELF has been preparing to intervene in an important Supreme Court case involving Manchester Ship Canal Company and United Utilities.
The case was due to be heard on 9 and 10 June 2026. However, less than two weeks before the hearing, the parties reached a settlement and applied to withdraw the case.
Because ELF had been granted permission to intervene in the case, its consent or that of the Court is required before the case can be withdrawn.
We decided not to provide that consent.
Why did ELF take this position?
ELF became involved in this case because we believe it raises issues that matter far beyond the interests of the original parties.
At its heart, the case is about environmental accountability and access to justice.
One of the key questions is whether communities, landowners and others affected by sewage pollution can continue to rely on the courts to hold water companies directly accountable when environmental harm occurs.
Private legal action provides a critical route to accountability when regulators fail to act or are unable to act effectively.
We believe the Court of Appeal’s judgment risks weakening those protections. That is why ELF originally sought permission to intervene in the case, and why we believe the Supreme Court granted permission to appeal and why the legal issues remain important despite the settlement.
What happens next?
The Supreme Court has now vacated this week’s hearing and has invited further submissions from ELF and another intervener, the Canal and River Trust, as well as from the Respondents in the Appeal (i.e. the Secretary of State and United Utilities) on whether the case should continue despite the settlement.
ELF and our legal team are currently preparing those submissions, which will address whether interveners should be permitted to continue the case in place of the original appellant. The Court will then decide on the next steps in the proceedings.
Thank you
We are incredibly grateful to everyone who has supported our involvement in this case, including those who contributed to our CrowdJustice campaign. Your support has enabled ELF to ensure that the wider public interest continues to be represented as these proceedings evolve.
We remain deeply grateful for the support of our legal team, including counsel from 39 Essex Chambers and solicitors at Leigh Day, who continue to assist ELF in these proceedings and have generously contributed significant time and expertise to the case.
We will share a further update once the Court has indicated the next steps in the proceedings.