Express Ltd. (t/a Express Dairies Distribution) v Environment Agency

Express Ltd. (t/a Express Dairies Distribution) v Environment Agency

The chain of causation was not broken as the events, though unusual, were not extraordinary; the statutory defence under section 89(1) applies where the act causing entry was done in an emergency to avoid danger to life or health.

Parties
Claimant: Express Limited t/a Express Dairies Distribution; Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
27 February 2003
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated
Outcome
conviction quashed unless the Agency requests a rehearing within 14 days
Legal Topics
Water Pollution, Statutory Interpretation, Strict Liability, Statutory Defence, Chain of Causation
Environmental Law Criminal Law Water Pollution Statutory Interpretation Strict Liability Statutory Defence Chain of Causation

Case Brief

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Parties

Express Limited t/a Express Dairies Distribution

Claimant

Environment Agency

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether the chain of causation was broken in the escape of polluting matter
  2. 2 Whether the statutory defence under section 89(1) of the Water Resources Act 1991 applies

Ratio Decidendi

The chain of causation was not broken as the events, though unusual, were not extraordinary; the statutory defence under section 89(1) applies where the act causing entry was done in an emergency to avoid danger to life or health.

Court Disposition

conviction quashed unless the Agency requests a rehearing within 14 days

Orders

  • conviction quashed unless rehearing requested within 14 days
  • detailed assessment of costs