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:  EWCA Crim 202,  2 Cr App R (S) 90,  Env LR 34,  3 All ER 47 Links: Bailii Statutes: Water Resources Act … Continue reading Regina v Thames Water Utilities Ltd: CACD 19 Feb 2010
Citations:  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 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 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
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 . .
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 . .
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 . .
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 . .
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 . .