Environment Agency v Biffa Waste Services & Anor [2006] EWHC 1102 (Admin) (23 March 2006)

Environment Agency v Biffa Waste Services & Anor [2006] EWHC 1102 (Admin) (23 March 2006)

The District Judge was entitled to find, on the evidence, that Biffa had no responsibility for the pollution incident beyond carrying out specific instructions from STW, and that Eurotech was an independent contractor not acting as Biffa's agent. Therefore, neither Biffa nor Eurotech caused or knowingly permitted pollution within the meaning of section 85(1) of the Water Resources Act 1991.

Citation
[2006] EWHC 1102 (Admin)
Parties
Claimant: The Environment Agency; First Defendant: Biffa Waste Services Ltd; Second Defendant: Eurotech Environmental Ltd
Jurisdiction
England and Wales
Judgment Date
23 March 2006
Procedural Posture
Prosecutor's Appeal by Way of Case Stated / Appeal From Acquittal in Magistrates' Court
Outcome
appeal dismissed
Legal Topics
Pollution, Contractor Liability, Vicarious Liability, Water Resources Act 1991, Controlled Waters
Criminal Law Environmental Law Pollution Contractor Liability Vicarious Liability Water Resources Act 1991 Controlled Waters

Case Brief

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Parties

The Environment Agency

Claimant

Biffa Waste Services Ltd

First Defendant

Eurotech Environmental Ltd

Second Defendant

Procedural Posture

Prosecutor's Appeal by Way of Case Stated / Appeal From Acquittal in Magistrates' Court

Legal Issues

  1. 1 Whether Biffa Waste Services Ltd and Eurotech Environmental Ltd caused or knowingly permitted polluting matter to enter controlled waters contrary to section 85(1) of the Water Resources Act 1991
  2. 2 Whether Biffa assumed responsibility for managing the pollution incident beyond carrying out specific instructions from STW
  3. 3 Whether Eurotech acted as agent or independent contractor for Biffa and whether vicarious liability could arise

Ratio Decidendi

The District Judge was entitled to find, on the evidence, that Biffa had no responsibility for the pollution incident beyond carrying out specific instructions from STW, and that Eurotech was an independent contractor not acting as Biffa's agent. Therefore, neither Biffa nor Eurotech caused or knowingly permitted pollution within the meaning of section 85(1) of the Water Resources Act 1991.

Court Disposition

appeal dismissed

Orders

  • costs to defendants out of Central Funds