Anglian Water Services Ltd v Environment Agency

Anglian Water Services Ltd v Environment Agency

The Environment Agency lawfully exercised its discretion not to disregard the Cleethorpes sample due to lack of appropriate signage, and was not required to have short term pollution procedures at all beaches. However, it misdirected itself in law by impermissibly narrowing the definition of 'Abnormal Situation' and failing to consider, in its assessment and classification, whether the June 2019 rainfall event qualified as such, thereby failing to exercise its discretion to exclude affected samples for a realistic classification.

Parties
Claimant: Anglian Water Services Limited; Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim dismissed on Grounds 1 and 2; Claim succeeds on Ground 3.
Legal Topics
Bathing Water Quality, Judicial Review of Regulatory Decisions, Discretion of Public Authorities, Interpretation of Environmental Regulations
Environmental Law Administrative Law Public Health Law Bathing Water Quality Judicial Review of Regulatory Decisions Discretion of Public Authorities Interpretation of Environmental Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Anglian Water Services Limited

Claimant

Environment Agency

Defendant

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Environment Agency lawfully exercised its discretion not to disregard water quality samples taken during short term pollution events under Regulation 14(5) of the Bathing Water Regulations 2013.
  2. 2 Whether the Environment Agency was required to have effective procedures in place to identify short term pollution events at all relevant beaches.
  3. 3 Whether the Environment Agency lawfully failed to declare an 'Abnormal Situation' under the Regulations in response to the June 2019 rainfall event.

Ratio Decidendi

The Environment Agency lawfully exercised its discretion not to disregard the Cleethorpes sample due to lack of appropriate signage, and was not required to have short term pollution procedures at all beaches. However, it misdirected itself in law by impermissibly narrowing the definition of 'Abnormal Situation' and failing to consider, in its assessment and classification, whether the June 2019 rainfall event qualified as such, thereby failing to exercise its discretion to exclude affected samples for a realistic classification.

Court Disposition

Claim dismissed on Grounds 1 and 2; Claim succeeds on Ground 3.

Orders

  • Parties to seek to agree appropriate relief; matter to be listed for hearing on relief and consequential matters if necessary.