Stone & Anor v Environment Agency

Stone & Anor v Environment Agency

The magistrates were entitled to find that storage of waste mattresses constituted a continuing waste operation and that 'knowingly permitting' did not require a positive act but mere knowledge and failure to prevent.

Source-derived case information.

Parties
Appellant: Mark Stone; Appellant: Salhouse Norwich Ltd; Respondent: Environment Agency
Jurisdiction
England and Wales
Judgment Date
01 May 2018
Procedural Posture
Criminal Appeal by Case Stated / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Waste Management, Environmental Permitting, Statutory Interpretation, Criminal Liability
Environmental Law Criminal Law Waste Management Environmental Permitting Statutory Interpretation Criminal Liability

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Parties

Mark Stone

Appellant

Salhouse Norwich Ltd

Appellant

Environment Agency

Respondent

Procedural Posture

Criminal Appeal by Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether storage of waste mattresses constituted a continuing 'waste operation' under the 2010 Regulations and Waste Framework Directive
  2. 2 Whether 'knowingly permitting' a waste operation requires a positive act or mere knowledge and failure to prevent

Ratio Decidendi

The magistrates were entitled to find that storage of waste mattresses constituted a continuing waste operation and that 'knowingly permitting' did not require a positive act but mere knowledge and failure to prevent.

Court Disposition

appeal dismissed

Orders

  • Time for appeal extended under CPR r.3.9.
  • Appeal dismissed; convictions and sentences upheld.