Milton Keynes Council v Leisure Connection Ltd

Milton Keynes Council v Leisure Connection Ltd

On the evidence, the only reasonable inference was that the respondent failed to take all reasonable measures to prevent the escape of waste. The magistrates were plainly wrong to find there was no case to answer. The matter must be remitted for trial before a new bench.

Source-derived case information.

Parties
Claimant: Milton Keynes Council; Defendant: Leisure Connection Limited
Jurisdiction
England and Wales
Judgment Date
05 June 2009
Procedural Posture
Prosecutor's Appeal by Way of Case Stated / Appeal From Magistrates' Decision on No Case to Answer
Outcome
Appeal allowed
Legal Topics
Duty of Care, Controlled Waste, Employer Liability, Environmental Protection Act 1990, Case to Answer, Burden of Proof
Environmental Law Criminal Law Duty of Care Controlled Waste Employer Liability Environmental Protection Act 1990 Case to Answer Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Milton Keynes Council

Claimant

Leisure Connection Limited

Defendant

Procedural Posture

Prosecutor's Appeal by Way of Case Stated / Appeal From Magistrates' Decision on No Case to Answer

Legal Issues

  1. 1 Whether the employer (corporate defendant) can be criminally liable under section 34(1)(b) of the Environmental Protection Act 1990 for acts/omissions of its employee
  2. 2 Whether there is a separate and distinct duty of care for employers and employees under section 34 and the Code of Practice
  3. 3 Whether the prosecution must show the employer failed to take all reasonable measures

Ratio Decidendi

On the evidence, the only reasonable inference was that the respondent failed to take all reasonable measures to prevent the escape of waste. The magistrates were plainly wrong to find there was no case to answer. The matter must be remitted for trial before a new bench.

Court Disposition

Appeal allowed

Orders

  • Magistrates' decision of no case to answer set aside
  • Matter remitted to a different bench of magistrates for a fresh trial, with consideration to be given to assignment to a District Judge