UK water companies could be at risk of major pollution lawsuits following a landmark ruling at the Supreme Court. The case was brought by the Manchester Ship Canal Company which won an appeal enabling it to sue United Utilities over discharges of water contaminated with untreated sewage.

United Utilities had previously won twice in lower courts, preventing the canal company from bringing legal action for nuisance or trespass unless the polluting charges were the result of negligence or deliberate wrongdoing. The claimant had alleged that discharges from 121 sewage outfalls within its networks constituted a trespass.

However, the Supreme Court unanimously granted the appeal. In its written ruling, it said: “Discharges of foul water from the outfalls could be avoided if United Utilities invested in improved infrastructure and treatment processes.”

The canal company’s case was assisted by the Good Law Project which had assembled detailed information on the legal arguments surrounding the topic. Jennine Walker, interim head of legal at The Good Law Project, said: “This is a sensational victory. It gives us stronger legal tools to turn the tide on the sewage scandal and hold water companies to account, after repeated failures from our toothless and underfunded regulators.”

United Utilities says it has already commenced a proposed £3bn programme to cut sewage spills by 60% by 2030. Earlier this year, water company trade body Water UK published a plan from water firms in the UK to remove 150,000 annual sewage spills by 2030, making nearly 9,000 storm overflow improvements.

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