Powys County Council v Price & Anor [2017] EWCA Civ 1133 (27 July 2017)

Powys County Council v Price & Anor [2017] EWCA Civ 1133 (27 July 2017)

Powys County Council is not an 'appropriate person' under Part IIA of the Environmental Protection Act 1990 for remediation of contaminated land caused by its predecessor, as the transfer provisions in the 1996 Order do not encompass liabilities arising under legislation not yet in force at the time of succession,...

Source-derived case information.

Citation
[2017] EWCA Civ 1133
Parties
Appellant: Powys County Council; Respondent: Mr. E. J. Price; Respondent: Mrs E. J. Hardwick
Jurisdiction
England and Wales
Judgment Date
27 July 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Contaminated Land Liability, Transfer of Liabilities, Statutory Interpretation, Successor Authority Responsibility
Environmental Law Local Government Law Contaminated Land Liability Transfer of Liabilities Statutory Interpretation Successor Authority Responsibility

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Powys County Council

Appellant

Mr. E. J. Price

Respondent

Mrs E. J. Hardwick

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Powys County Council is an 'appropriate person' under Part IIA of the Environmental Protection Act 1990 for remediation of contaminated land due to actions of its predecessor.
  2. 2 Whether liabilities under Article 4 of the Local Government Re-organisation (Wales) (Property etc) Order 1996 include liabilities arising under legislation not yet in force at the time of succession.

Ratio Decidendi

Powys County Council is not an 'appropriate person' under Part IIA of the Environmental Protection Act 1990 for remediation of contaminated land caused by its predecessor, as the transfer provisions in the 1996 Order do not encompass liabilities arising under legislation not yet in force at the time of succession, and Part IIA does not operate retrospectively to create deemed liabilities prior to its commencement.

Court Disposition

Appeal allowed

Orders

  • Declaration that Powys County Council is not an 'appropriate person' under Part IIA of the Environmental Protection Act 1990 for remediation of contaminated land at the site.