A district judge does have jurisdiction to decide preliminary points of law. Citations: [2005] EWHC 1231 (Admin) Links: Bailii Statutes: Water Resources Act 1991, Environmental Protection Act 1990 Jurisdiction: England and Wales Magistrates Updated: 01 July 2022; Ref: scu.227057
The defendant company appealed against sentence for an offence under section 85(1) of the 1991 Act. Judges: Lord Justice Moore-Bick Mr Justice David Clarke And Mr Justice Sweeney Citations: [2010] EWCA Crim 202, [2010] 2 Cr App R (S) 90, [2010] Env LR 34, [2010] 3 All ER 47 Links: Bailii Statutes: Water Resources Act … Continue reading Regina v Thames Water Utilities Ltd: CACD 19 Feb 2010
In a private prosecution, Mr Hart complained that the defendant had allowed untreated sewage to be discharged into controlled waters. The defendant pleaded guilty, but now appealed the fine of andpound;200,000. Held: The sentence was imposed on the basis that the discharge was substantial, and the effect on the environment disastrous. The defendant had many … Continue reading Hart v Anglian Water Services Ltd: CACD 31 Jul 2003
UTLC COMPENSATION – Water – house adjoining River Brenig – flood prevention works including increased height flood wall opposite property and requirement to install flood gate – comparable evidence and price graphs of limited assistance – compensation determined at andpound;5,000 – paragraph 5(1) of Schedule 21 to the Water Resources Act 1991 [2016] UKUT 514 … Continue reading Brown v The Natural Resources Body for Wales: UTLC 17 Nov 2016
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Liable Operator was the person noified The company, a joint venture enterprise, appealed against a refusal to stay prosecutions for various infringements when a fuel depot they were said to control (the Buncefield oil terminal) exploded. The company denied that they were the operator as required within the law. Held: The operator was the person … Continue reading Hertfordshire Oil Storage Ltd v Regina: CACD 16 Mar 2010
The defendants provided insurance for the claimant to construct a train tunnel over which the claimant would build a supermarket. The tunnel collapsed, and the railway operator claimed for loss of revenues. The insurers denied responsibility saying the loss was purely economic, and not covered by the policy. Held: ‘since none of the loss for … Continue reading Tesco Stores Ltd v Constable and others: Comc 14 Sep 2007
The claimant sought an indemnity under the Public Liability Section of a Combined Policy for: (i) expense incurred by the Environment Agency under section 161 of the Water Resources Act 1991 cleaning up water courses of pollutants after a fire on the claimant’s premises; and (ii) the cost of works specified in statutory Works Notices … Continue reading Bartoline Limited v Royal Sun Alliance plc: 2007
Citations: [2003] EWHC 448 (Admin), [2004] 1 WLR 579 Links: Bailii Statutes: Water Resources Act 1991 85(1) 85(6) Jurisdiction: England and Wales Environment Updated: 20 November 2022; Ref: scu.184973
Judges: Judge Reddihough sitting as a High Court judge Citations: [2016] EWHC 156 (QB), [2016] 3 WLR 1159, [2016] Env LR 23, [2017] QB 188, [2016] WLR(D) 306 Links: Bailii, WLRD Statutes: Water Resources Act 1991 48A Jurisdiction: England and Wales Land, Torts – Other Updated: 14 November 2022; Ref: scu.559749
UTLC COMPENSATION – Water – flood defence scheme – interference with mooring – when works completed – business loss – lack of proof and quantification – Water Resources Act 1991 – Sch 21 – para 5(1) Judges: Mole QC J Citations: [2012] UKUT 23 (LC) Links: Bailii Statutes: Water Resources Act 1991 Jurisdiction: England and … Continue reading Parkhill v The Environment Agency: UTLC 3 May 2012
The dairy appealed its conviction for allowing cream to enter a brook from the land of its customer. Held: Polluting matter did not need to be itself noxious or poisonous, it was enough that it stained or tinted the water as did cream. Though the land did not belong to the defendant, it was enough … Continue reading Express Ltd v The Environment Agency: QBD 15 Jul 2004
Contamination below the maximum set limits can still be pollution. A dry watercourse is controlled water, as are streams and drains. Pollution is an ordinary English word defined in the Oxford English Dictionary as ‘to make physically impure, foul or filthy, to dirty, stain, taint or re-foul’. It is therefore not necessary to show that … Continue reading Regina v Dovermoss Ltd: CACD 8 Feb 1995
The defendant operated a factory, using cleaning liquid carried through PVC piping. The piping leaked because it had been badly installed by the reputable subcontractors employed by the previous owners of the factory. Held: Although the defendants were unaware of the existence of the defect and ‘could not be criticised for failing to discover it,’ … Continue reading Regina v CPC (UK) Ltd, CPC (UK) Ltd v National Rivers Authority: CACD 4 Aug 1994
Citations: [2009] EWHC 2823 (Admin), [2010] 1 Cr App R 22 Links: Bailii Statutes: Environmental Protection Act 1990, Water Resources Act 1991 Jurisdiction: England and Wales Crime, Environment Updated: 22 July 2022; Ref: scu.377896
The Agency appealed dismissal of charges brought by it alleging breach of conditions of their pollution prevention and control permit. The condition referred the standard of odour emitted by reference to a perception by an Agency officer. The defendants claimed this condition was invalid as subjective. Held: The Agency’s appeal succeeded. The condition did not … Continue reading Environment Agency v Biffa Waste Services and Another: Admn 23 Mar 2006
COMPENSATION – Water Resources Act 1991 – the Upper Land Yeo – artificial watercourse – whether the raising of penning boards at a weir during the months of December to April amounted to an interference with Mill owners right to natural flow of water – Held – the natural flow was with the penning boards … Continue reading Fearon and Another v The Environment Agency Re Tickenham Mill: UTLC 29 Mar 2019
Appeal against refusal to permit construction over water course. Judges: Sullivan J Citations: [2004] EWHC 2394 (Admin) Links: Bailii Statutes: Water Resources Act 1991 Jurisdiction: England and Wales Environment Updated: 31 May 2022; Ref: scu.219216
Citations: [1996] EWHC Admin 345 Links: Bailii Statutes: Water Resources Act 1991 85(1) Cited by: Appeal from – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998 A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over … Continue reading Empress Car Company (Abertillery) Limited v National Rivers Authority (Now, Environment Agency): Admn 11 Dec 1996
A churning up by a boat of mud and silt already present on a river bed was no offence. Citations: Times 21-Nov-1995 Statutes: Water Resources Act 1991 85 Jurisdiction: England and Wales Environment Updated: 15 May 2022; Ref: scu.84189
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that diesel flowed into the drum until … Continue reading Empress Car Company (Abertillery) Ltd v National Rivers Authority: HL 22 Jan 1998
A latent fault in a pipe was ordinarily expectable and the owner of a pipe was liable for escapes through the broken seal even though he had no knowledge of the fault. Citations: Times 26-Mar-1998, [1998] EWHC Admin 187 Statutes: Water Resources Act 1991 104(3) Environment Updated: 12 April 2022; Ref: scu.138308
A four million pound fine for a major pollution event was proper to reflect the genuine and justified public concern which had been caused. If damage flowed directly from the conduct of a business, the business was as liable as those directly responsible. Citations: Gazette 10-Mar-1999 Statutes: Water Resources Act 1991 85(1) Environment Updated: 09 … Continue reading Regina v Milford Haven Port Authority: Crwn 10 Mar 1999
A river tester need not notify the occupier before the test, but only at the time of the test. Nor was it necessary to split the sample and provide a copy immediately. Citations: Times 04-Aug-1994, Independent 26-Aug-1994 Statutes: Water Resources Act 1991 148 209 Jurisdiction: England and Wales Environment Updated: 08 April 2022; Ref: scu.77956
Judges: Gloster , Gross , Briggs LJJ Citations: [2017] EWCA Civ 1143, [2017] WLR(D) 538 Links: Bailii, WLRD Statutes: Water Resources Act 1991 Jurisdiction: England and Wales Land, Environment Updated: 28 March 2022; Ref: scu.591685
Club, not members, prosecutable for breach The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have been prosecuted under the 1978 Act, and that a prosecution would not … Continue reading Regina v RL and JF: CACD 28 Aug 2008
The repeal of a section did not cancel an order made under the section. Times 14-Jul-1994 Water Resources Act 1991 85 England and Wales Environment Updated: 21 January 2022; Ref: scu.89755
Forbes J [2002] EWHC 1983 (Admin) Bailii Water Resources Act 1991 England and Wales Environment, Utilities Updated: 01 January 2022; Ref: scu.189080
Judge Havelock-Allan QC [2017] EWHC 1309 (TCC), [2017] WLR(D) 740, [2018] 1 WLR 1433, [2018] Env LR 11, [2018] RVR 48 Bailii, WLRD Water Resources Act 1991 England and Wales Utilities Updated: 12 November 2021; Ref: scu.599740
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008
The police had responded to a riot at Yarlswood detention centre. They had insurance to cover their liability under the 1886 Act, but the re-insurers said that the insurance did not cover the event, saying that the liability was for statutory compensation and not in damages as covered by the insurance policy. Held: The insured’s … Continue reading Bedfordshire Police Authority v Constable: CA 12 Feb 2009
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
