Express Ltd. (t/a Express Dairies Distribution) v Environment Agency [2003] EWHC 448 (Admin) (27 February 2003)

Express Ltd. (t/a Express Dairies Distribution) v Environment Agency [2003] EWHC 448 (Admin) (27 February 2003)

The chain of causation was not broken; the act causing the entry of polluting matter was done in an emergency to avoid danger to life or health, thus the statutory defence under section 89(1) applies.

Source-derived case information.

Citation
[2003] EWHC 448 (Admin)
Parties
Claimant: Express Limited t/a Express Dairies Distribution; Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
27 February 2003
Procedural Posture
Appeal by Way of Case Stated / High Court Divisional Court Judgment
Outcome
Appeal allowed; conviction quashed unless the Agency applies within 14 days to remit the matter for further investigation.
Legal Topics
Water Pollution, Strict Liability Offences, Statutory Defences, Chain of Causation, Human Rights Act Interpretation
Environmental Law Criminal Law Human Rights Law Water Pollution Strict Liability Offences Statutory Defences Chain of Causation Human Rights Act Interpretation

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Parties

Express Limited t/a Express Dairies Distribution

Claimant

Environment Agency

Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court Divisional Court Judgment

Legal Issues

  1. 1 Whether the chain of causation was broken in the pollution offence
  2. 2 Whether the statutory defence under section 89(1) of the Water Resources Act 1991 applies to acts done in an emergency to avoid danger to life or health

Ratio Decidendi

The chain of causation was not broken; the act causing the entry of polluting matter was done in an emergency to avoid danger to life or health, thus the statutory defence under section 89(1) applies.

Court Disposition

Appeal allowed; conviction quashed unless the Agency applies within 14 days to remit the matter for further investigation.

Orders

  • Conviction quashed unless within 14 days the Environment Agency applies to remit the matter to Magistrates for investigation of other aspects of the defence under section 89(1).
  • Detailed assessment of costs ordered.