Thames Water Utilities Ltd v Bromley Magistrates' Court & Anor

Thames Water Utilities Ltd v Bromley Magistrates' Court & Anor

The unintended escape of sewage from Thames Water's system amounted to a 'deposit' under s.33(1)(a) EPA 1990, imposing strict liability mitigated by the due diligence defence. S.34 EPA was inapplicable as the waste was not in Thames' control at the relevant time.

Source-derived case information.

Parties
Claimant: Thames Water Utilities Ltd.; Defendant: Bromley Magistrates’ Court; Interested Party: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
20 March 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for Judicial Review dismissed.
Legal Topics
Strict Liability Offences, Interpretation of Statutory Language, Waste Management, Mens Rea, Due Diligence Defence
Environmental Law Criminal Law Strict Liability Offences Interpretation of Statutory Language Waste Management Mens Rea Due Diligence Defence

Source-derived case record

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Parties

Thames Water Utilities Ltd.

Claimant

Bromley Magistrates’ Court

Defendant

The Environment Agency

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether unintended escape of sewage constitutes a 'deposit' under s.33(1)(a) Environmental Protection Act 1990
  2. 2 Applicability of s.34 EPA to unintended escapes
  3. 3 Whether strict liability applies to the offence under s.33(1)(a)

Ratio Decidendi

The unintended escape of sewage from Thames Water's system amounted to a 'deposit' under s.33(1)(a) EPA 1990, imposing strict liability mitigated by the due diligence defence. S.34 EPA was inapplicable as the waste was not in Thames' control at the relevant time.

Court Disposition

Claim for Judicial Review dismissed.