The stakes were high in The Manchester Ship Canal Company
Limited v Vauxhall Motors Limited (formerly General UK Motors
Limited) [2018] EWCA Civ 1100 where a landowner stood to gain in
excess of £300,000 a year if the court decided that a
licensee had no right to relief from forfeiture in respect of a
surface water discharge licence.
Although critical of its reasoning, the Court of Appeal agreed
with the High Court and concluded that the licensee had a right to
relief from forfeiture, effectively reinstating its existing
licence for which only a £50 annual fee was payable.
Facts
In 1962 the Manchester Ship Canal Company ("MSCC")
granted a licence (the "Licence") to Vauxhall for the
discharge of surface water and trade effluent from its plant at
Ellesmere Port into the Manchester Ship Canal.
