Omya UK Ltd v Andrews Excavations Ltd & Anor [2021] EWHC 3421 (TCC) (17 December 2021)

Omya UK Ltd v Andrews Excavations Ltd & Anor [2021] EWHC 3421 (TCC) (17 December 2021)

Both Defendants were found liable for trespass as the evidence established that the dumping of waste was carried out by the First Defendant's employees under the Second Defendant's direct instructions, with access facilitated through Thameside Terminal and a corridor cut in the boundary bund. The Second Defendant's involvement went beyond constitutional control, satisfying joint tortfeasor principles.

Citation
[2021] EWHC 3421 (TCC)
Parties
Claimant: OMYA UK LIMITED; First Defendant: ANDREWS EXCAVATIONS LIMITED; Second Defendant: DANIEL ANDREWS
Jurisdiction
England and Wales
Judgment Date
17 December 2021
Procedural Posture
Civil Trespass / Judgment After Trial
Outcome
Judgment for the Claimant against both Defendants
Legal Topics
Trespass to Land, Joint Tortfeasor Liability, Waste Management, Environmental Regulation
Tort Environmental Law Property Law Trespass to Land Joint Tortfeasor Liability Waste Management Environmental Regulation

Case Brief

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Parties

OMYA UK LIMITED

Claimant

ANDREWS EXCAVATIONS LIMITED

First Defendant

DANIEL ANDREWS

Second Defendant

Procedural Posture

Civil Trespass / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants trespassed on the Claimant's land by dumping waste
  2. 2 Whether the Second Defendant is liable as a joint tortfeasor

Ratio Decidendi

Both Defendants were found liable for trespass as the evidence established that the dumping of waste was carried out by the First Defendant's employees under the Second Defendant's direct instructions, with access facilitated through Thameside Terminal and a corridor cut in the boundary bund. The Second Defendant's involvement went beyond constitutional control, satisfying joint tortfeasor principles.

Court Disposition

Judgment for the Claimant against both Defendants

Orders

  • Defendants to pay £765,094.40 to Claimant
  • Ancillary matters including interest and costs to be determined