The County Council of Midlothian v. The Pumpherston Oil Co., Ltd, and the Oakbank Oil Co., Ltd [1903] ScotLR 41_181 (15 December 1903)

The County Council of Midlothian v. The Pumpherston Oil Co., Ltd, and the Oakbank Oil Co., Ltd [1903] ScotLR 41_181 (15 December 1903)

Prescription is not a defence to statutory proceedings for river pollution under the Rivers Pollution Prevention Act 1876. Manufacturers established after 1876 cannot rely on the use of best practicable means as a defence; only those established before 1876 and discharging through the same channel may do so. The Act does not preserve any right to pollute by prescription.

Citation
[1903] ScotLR 41_181
Parties
Pursuer: The County Council of Midlothian; Defender: The Pumpherston Oil Company, Limited; Defender: The Oakbank Oil Company, Limited
Jurisdiction
Scotland
Judgment Date
15 December 1903
Procedural Posture
Civil Petition (statutory Enforcement) / Interlocutory Judgment on Relevancy and Pleas in Law, Proof Allowed
Outcome
Pleas-in-law based on prescription and other legal irrelevancies repelled; proof allowed on factual averments.
Legal Topics
River Pollution, Statutory Enforcement, Prescription, Defences Under Rivers Pollution Prevention Act 1876
Environmental Law Public Law Statutory Interpretation River Pollution Statutory Enforcement Prescription Defences Under Rivers Pollution Prevention Act 1876

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Parties

The County Council of Midlothian

Pursuer

The Pumpherston Oil Company, Limited

Defender

The Oakbank Oil Company, Limited

Defender

Procedural Posture

Civil Petition (statutory Enforcement) / Interlocutory Judgment on Relevancy and Pleas in Law, Proof Allowed

Legal Issues

  1. 1 Whether prescription is a defence to statutory proceedings for river pollution under the Rivers Pollution Prevention Act 1876
  2. 2 Whether manufacturers established before 1876 can rely on use of best practicable means as a defence
  3. 3 Whether manufacturers established after 1876 can rely on best practicable means as a defence

Ratio Decidendi

Prescription is not a defence to statutory proceedings for river pollution under the Rivers Pollution Prevention Act 1876. Manufacturers established after 1876 cannot rely on the use of best practicable means as a defence; only those established before 1876 and discharging through the same channel may do so. The Act does not preserve any right to pollute by prescription.

Court Disposition

Pleas-in-law based on prescription and other legal irrelevancies repelled; proof allowed on factual averments.

Orders

  • In the Pumpherston Oil Company case: Repel the 1st, 3rd, and 4th pleas-in-law for the defenders; allow parties a proof of their respective averments.
  • In the Oakbank Oil Company case: Repel the 1st, 2nd, 5th, 6th, 7th, and 8th pleas-in-law for the defenders; allow parties a proof of their respective averments and to the pursuers a conjunct probation.